Commonwealth v. Owens

Opinion

Per Curiam,

Order affirmed.

*64Opinion by

Cercone, J.,

in Support op Per Curiam Affirmance:

I join in the court’s affirmance of the instant case on the basis of the opinion of the court below.

I do not regard Stovall v. Denno, 388 U.S. 293 (1967) as demarking a change in the law, and, therefore, I regard discussions of its impact in terms of retroactivity to be misleading at best.1 As the Supreme Court stated in Stovall, and the lower court quoted in its opinion:

“[I]n any event the confrontation conducted in this case was so unnecessarily suggestive and conducive to irreparable mistaken…