Dissenting Opinion, by

The trial in this case occurred in September 1965. Over objection, a confession given by Bennett to. the police was permitted to be introduced in evidence, although, admittedly, at the time it was obtained he was not forewarned of his right to remain silent. This requires the grant of a new trial. See Commonwealth v. *651Jefferson, 423 Pa. 541, 226 A. 2d 765 (1967). The fact that Bennett may have been aware of his rights in this regard is not controlling. See, Miranda v. Arizona, 384 U.S. 436, 468-69, 86 S. Ct. 1602, 1625 (1966).

I dissent.

Opinion

Judgment affirmed.