
    Commonwealth v. Phillips, Appellant.
    Argued October 5, 1970.
    Before Bell, C. J., Jones, Cohen, Eagen, O’Brien, Roberts and Pomeroy, JJ.
    
      
      Henry G. Beamer, with him Mete, Cook, Hanna & Kelly, for appellant.
    
      Robert L. Campbell, Assistant District Attorney, with him Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
    January 7, 1971:
   Opinion

Per Curiam,

Judgment affirmed.

Mr. Justice Cohen took no part in the decision of this case.

Dissenting Opinion by

Mr. Justice O’Brien:

I continue to adhere to the views expressed in my concurring and dissenting opinion in Commonwealth v. Patterson, 432 Pa. 76, 247 A. 2d 218 (1968). Moreover, this Court, without specific reference thereto, apparently adopted the views of that concurring and dissenting opinion in Commonwealth v. Herge, 436 Pa. 542, 260 A. 2d 787 (1970). I would reverse the judgment of sentence and remand the matter for a new degree-of-guilt hearing at which appellant would be afforded a Jackson-Denno hearing in which he would have proper opportunity to establish his claim that the confession used at the degree-of-guilt hearing was involuntary.  