Commonwealth v. Futch

Opinion by

Mr. Justice Roberts,

We are asked to consider the effect of a claimed violation of Rule 118 1 of the Pennsylvania Rules of Criminal Procedure which prohibits “unnecessary delay” between arrest and the filing of a complaint and “preliminary arraignment” of a defendant. Defendant argues that as a result of the failure to comply with Eule 118, in-court identifications which he contends were based upon a lineup prior to being taken “before the proper issuing authority” were improperly admitted at trial. While agreeing with defendant that in-court identifications based on a lineup held in…