Commonwealth v. Eiland, 301 A.2d 651 (Pa. 1973). · Go Syfert
Commonwealth v. Eiland, 301 A.2d 651 (Pa. 1973). Cases Citing This Book View Copy Cite
356 citation events (35 in the last 25 years) across 6 distinct courts.
Strongest positive: Commonwealth v. Johnson (pa, 2011-08-16)
Treatment trajectory · 1973 → 2026 · click a year to view as-of
1973 1999 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) Commonwealth v. Johnson (6×) also: Cited as authority (quoted), Cited as authority (rule)
Pa. · 2011 · quote attribution · 4 verbatim quotes · confidence high
he law imposes upon a conspirator full responsibility for the natural and probable consequences of acts committed by his fellow conspirator or conspirators if such acts are done in pursuance of the common design or purpose of the conspiracy.
discussed Cited as authority (rule) Com. v. Pone, C.
Pa. Super. Ct. · 2021 · confidence medium
Such responsibility attaches even though such conspirator was not physically present when the acts were committed by his fellow conspirator or conspirators and extends even to a homicide which is a contingency of the natural and probable execution of the conspiracy, even though such homicide is not specifically contemplated by the parties [.] Id. at 1192 (quoting Commonwealth v. Eiland, 301 A.2d 651, 653 (Pa. 1973) (internal citation and quotation marks omitted)).
discussed Cited as authority (rule) Com. v. Nelson, L.
Pa. Super. Ct. · 2021 · confidence medium
Such responsibility attaches even though such conspirator was not physically present when the acts were committed by his fellow conspirator or conspirators and extends even to a homicide which is a contingency of the natural and probable execution of the conspiracy, even though such homicide is not specifically contemplated by the parties [.] Id. at 1192 (quoting Commonwealth v. Eiland, 301 A.2d 651, 653 (Pa. 1973) (internal citation and quotation marks omitted)).
discussed Cited as authority (rule) Com. v. Carr, C.
Pa. Super. Ct. · 2020 · confidence medium
Concerning conspiracy, the Fisher Court observed that “[w]here the existence of a conspiracy is established, the law imposes upon a conspirator full responsibility for the natural and probable consequences of acts committed by his fellow conspirator or conspirators if such acts are done in pursuance of the common design or purpose of the conspiracy.” Id. at 1192 (quoting Commonwealth v. Eiland, 301 A.2d 651, 653 (Pa. 1973)).
discussed Cited as authority (rule) Com. v. Carr, C.
Pa. Super. Ct. · 2020 · confidence medium
Concerning conspiracy, the Fisher Court observed that “[w]here the existence of a conspiracy is established, the law imposes upon a conspirator full responsibility for the natural and probable consequences of acts committed by his fellow conspirator or conspirators if such acts are done in pursuance of the common design or purpose of the conspiracy.” Id. at 1192 (quoting Commonwealth v. Eiland, 301 A.2d 651, 653 (Pa. 1973)).
discussed Cited as authority (rule) Commonwealth v. Templin
Pa. · 2002 · confidence medium
E.g., Commonwealth v. Kampo, 480 Pa. 516, 522 , 391 A.2d 1005, 1007-08 (1978); Commonwealth v. Jones, 457 Pa. 423, 430 , 322 A.2d 119, 124 (1974) (“there is no simple litmus test for determining whether a confession is involuntary.' Instead, courts must consider the totality of the circumstances surrounding the confession”); Commonwealth v. Eiland, 450 Pa. 566, 572-75 , 301 A.2d 651, 653-54 (1973) (discussing, inter alia, Culombe v. Connecticut, 367 U.S. 568 , 81 S.Ct. 1860 , 6 L.Ed.2d 1037 (1961)); Commonwealth ex rel.
discussed Cited as authority (rule) Commonwealth v. Scarfo (2×)
Pa. Super. Ct. · 1992 · confidence medium
"A conspiracy may be proven inferentially by showing the relation, conduct, or circumstances of the parties, and the overt acts of alleged co-conspirators are competent as proof that a criminal confederation has in *407 fact been formed." Commonwealth v. Kennedy, 499 Pa. 389, 395 , 453 A.2d 927, 930 (1982) (citing Commonwealth v. Eiland, 450 Pa. 566, 570 , 301 A.2d 651, 652 (1973)); Commonwealth v. Carter, 329 Pa.Super. 490, 499 , 478 A.2d 1286, 1290 (1984).
discussed Cited as authority (rule) State v. Bainbridge (2×)
Idaho · 1990 · confidence medium
The combination of all these factors based on the Commonwealth’s uncontradicted evidence constituted a subtle but nonetheless powerful form of impermissible psychological coer cion____ We conclude that appellant’s signed statement was involuntary and should therefore have been suppressed. 301 A.2d at 654-655 (emphasis added).
cited Cited as authority (rule) Commonwealth v. Campbell
Pa. · 1986 · confidence medium
Commonwealth v. Eiland, 450 Pa. 566, 570 , 301 A.2d 651, 652 (1973).” Commonwealth v. Kennedy, 499 Pa. 389, 395 , 453 A.2d 927, 929-930 (1982).
cited Cited as authority (rule) Commonwealth v. Cooke
Pa. · 1985 · confidence medium
Commonwealth v. Kennedy, 499 Pa. 389, 395 , 453 A.2d 927, 929-930 (1982); Commonwealth v. Eiland, 450 Pa. 566, 570 , 301 A.2d 651, 652-53 (1973).
cited Cited as authority (rule) Commonwealth v. Ruffin
Pa. · 1983 · confidence medium
Commonwealth v. Eiland, 450 Pa. 566, 570 , 301 A.2d 651, 652 (1973).
discussed Cited as authority (rule) Commonwealth v. Kennedy (2×)
Pa. · 1982 · confidence medium
Commonwealth v. Eiland, 450 Pa. 566, 570 , 301 A.2d 651, 652 (1973).
discussed Cited as authority (rule) Commonwealth v. Jackson
Pa. · 1982 · confidence medium
These include: the duration and methods of the interrogation; the length of delay between arrest and arraignment; the conditions of detainment; the attitudes of the police toward defendant; de *598 fendant’s physical and psychological state; and all other conditions present which may serve to drain one’s power of resistance to suggestion and to undermine one’s self-determination. [citations omitted]” In Commonwealth v. Eiland, 450 Pa. 566, 574 , 301 A.2d 651, 654 (1973), this Court ruled that the confession obtained therein was involuntary, stating: “The record evinces uncontradicted…
discussed Cited as authority (rule) Commonwealth v. Thomas (2×)
Pa. Super. Ct. · 1981 · confidence medium
Our supreme court "has emphasized that when `the questions in the voluntariness area have passed beyond the physical coercion stage to the much more difficult area of psychological coercion . . . a close analysis of all the surrounding circumstances is necessary.'" Commonwealth v. Eiland, 450 Pa. 566, 574 , 301 A.2d 651, 654 (1973), quoting Commonwealth ex rel.
discussed Cited as authority (rule) Commonwealth v. Miller
Pa. Super. Ct. · 1980 · confidence medium
Indeed, direct proof of an explicit or formal agreement to commit a crime can seldom, if ever, be supplied and it need not be for “it is established law in this Commonwealth that a conspiracy may be proved by circumstantial evidence as well as by direct evidence.” Commonwealth v. Eiland, 450 Pa. 566, 570 , 301 A.2d 651, 652 (1973).
cited Cited as authority (rule) Commonwealth v. Reed
Pa. Super. Ct. · 1980 · confidence medium
Commonwealth v. Eiland, 450 Pa. 566, 570 , 301 A.2d 651, 652 (1973); Commonwealth v. Batley, 436 Pa. 377, 392 , 260 A.2d 793, 801 (1970).
discussed Cited as authority (rule) Commonwealth v. Tingle
Pa. Super. Ct. · 1980 · confidence medium
Commonwealth v. Roux, 465 Pa. 482 , 350 A.2d 867 (1976); Commonwealth v. Kinsey, 249 Pa.Super. 1, 8 , 375 A.2d 727, 730 (1977), quoting Commonwealth v. Eiland, 450 Pa. 566, 570 , 301 A.2d 651, 652 (1973).
discussed Cited as authority (rule) Commonwealth v. Whack
Pa. · 1978 · confidence medium
Commonwealth v. Paquette, 451 Pa. 250, 253 , 301 A.2d 837, 838-39 (1973); Commonwealth v. Eiland, 450 Pa. 566, 569 , 301 A.2d 651, 652 (1973); Commonwealth v. Williams, 450 Pa. 327, 329 , 301 A.2d 867, 869 (1973); Commonwealth v. Oates, 448 Pa. 486, 489 , 295 A.2d 337, 338 (1972).
discussed Cited as authority (rule) Commonwealth v. Bradley
Pa. · 1978 · confidence medium
Commonwealth v. Paquette, 451 Pa. 250, 253 , 301 A.2d 837, 838-39 (1973); Commonwealth v. Eiland, 450 Pa. 566, 569 , 301 A.2d 651, 652 (1973); Commonwealth v. Williams, 450 Pa. 327, 329 , 301 A.2d 867, 869 (1973); Commonwealth v. Oates, 448 Pa. 486, 488 , 295 A.2d 337, 338 (1972).
discussed Cited as authority (rule) Commonwealth v. Dussinger (2×)
Pa. · 1978 · confidence medium
Commonwealth v. Eiland, 450 Pa. 566, 570 , 301 A.2d 651, 652 (1973); Commonwealth v. Batley, 436 Pa. 377, 392 , 260 A.2d 793, 801 (1970); Commonwealth v. Yobbagy, 410 Pa. 172, 177 , 188 A.2d 750, 752 (1963). ‘Although more than a mere association must be shown, “ ‘[a] conspiracy may be inferentially established by showing the relation, conduct, or circumstances of the relation, conduct, or circumstances of the parties, and the overt acts on the part of co-conspirators have uniformly been held competent to prove that a corrupt confederation has in fact been formed: . . . ”” Commonweal…
discussed Cited as authority (rule) Commonwealth v. Kinsey (2×)
Pa. Super. Ct. · 1977 · confidence medium
Section 903 of the Crimes Code contains the following definition of criminal conspiracy: “(a) A person is guilty of conspiracy with another person or persons to commit a crime if with the intent of promoting or facilitating its commission he: (1) agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or (2) agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.” “It is established …
cited Cited as authority (rule) Commonwealth v. Lopez
Pa. · 1977 · confidence medium
Cf. Commonwealth v. Simms, 455 Pa. 599 , 317 A.2d 265 (1974); Commonwealth v. Eiland, 450 Pa. 566 , 301 A.2d 651, 654 (1973).
discussed Cited as authority (rule) Commonwealth v. Cameron
Pa. Super. Ct. · 1977 · confidence medium
“Although more than mere association must be shown, ‘[a] conspiracy may be inferentially established by showing the relation, conduct, or circumstances of the parties, and the overt acts on the part of co-conspirators have uniformly been held competent to prove that a corrupt confederation has in fact been formed . . .’” (citations omitted) Commonwealth v. Eiland, 450 Pa. 566, 570 , 301 A.2d 651, 652 (1973).
discussed Cited as authority (rule) Commonwealth v. Myers (2×)
Pa. · 1977 · confidence medium
Commonwealth v. Eiland, 450 Pa. 566, 572 , 301 A.2d 651, 653 (1973); Commonwealth v. Koch, 446 Pa. 469, 474-75 , 288 A.2d 791, 793-94 (1972).” .
examined Cited as authority (rule) Commonwealth v. Sparrow (4×)
Pa. · 1977 · confidence medium
See, e.g., Commonwealth v. Smith, 447 Pa. 457 , 291 A.2d 103, 104 (1972): "An appellate court does not weigh evidence or pass upon the credibility of witnesses, and there is no basis for us to hold as a matter of law that the court's finding of voluntariness was not adequately supported and well within the court's discretion." Commonwealth v. Eiland, 450 Pa. 566 , 301 A.2d 651, 653 (1973): "When the suppression court has determined that no beatings or physical coercion occurred `the appellate court will accept the determination of the [trier] of facts if there was any substantial evidence to s…
discussed Cited as authority (rule) Commonwealth v. Coach (2×)
Pa. · 1977 · confidence medium
Commonwealth v. Eiland, 450 Pa. 566, 572 , 301 A.2d 651, 653 (1973); Commonwealth v. Koch, 446 Pa. 469, 474-475 , 288 A.2d 791, 793-794 (1972).
discussed Cited as authority (rule) Commonwealth v. Sullivan (2×)
Pa. · 1977 · confidence medium
In our view there was sufficient circumstantial evidence from which a conspiracy with Sullivan could have been inferred, Commonwealth v. Eiland, 450 Pa. 566, 570 , 301 A.2d 651, 652 (1973), and therefore the statement was properly admitted.
discussed Cited as authority (rule) Commonwealth v. Blosser (2×)
Pa. Super. Ct. · 1977 · confidence medium
We believe this evidence sufficient to support the factfinder’s conclusion that a conspiracy had occurred. “ Where the existence of a conspiracy is established, the law imposes upon a conspirator full responsibility for the natural and probable consequences of acts committed by his fellow conspirator or conspirators if such acts are done in pursuance of the common design or purpose of the conspiracy.’ ” Commonwealth v. Eiland, 450 Pa. 566, 570, 301 A.2d 651, 653 (1973), quoting Commonwealth v. Thomas, 410 Pa. 160, 165, 189 A.2d 255, 258 (1963).
discussed Cited as authority (rule) Commonwealth v. Mobley
Pa. · 1976 · confidence medium
Commonwealth v. Eiland, 450 Pa. 566, 570 , 301 A.2d 651, 652 (1973); Commonwealth v. Batley, 436 Pa. 377, 392 , 260 A.2d 793, 801 (1970); Commonwealth v. Yobbagy, 410 Pa. 172, 177 , 188 A.2d 750, 752 (1963).
discussed Cited as authority (rule) Commonwealth v. Cox
Pa. · 1976 · confidence medium
Commonwealth v. Paquette, 451 Pa. 250, 253 , 301 A.2d 837, 838-39 (1973); Commonwealth v. Eiland, 450 Pa. 566, 569 , 301 A.2d 651, 652 (1973); Commonwealth v. Williams, 450 Pa. 327, 329 , 301 A.2d 867, 869 (1973); Commonwealth v. Oates, 448 Pa. 486, 489 , 295 A.2d 337, 338 (1972).
discussed Cited as authority (rule) Commonwealth v. Swint
Pa. · 1976 · confidence medium
The test for the sufficiency of the evidence necessary to convict is “ ‘whether, accepting as true all the evidence and all reasonable inferences therefrom, upon which if believed the jury could properly have based its verdict, it is sufficient in law to prove beyond a reasonable doubt that the defendant is guilty of the crime of which he has been convicted.’ ” Commonwealth v. Eiland, 450 Pa. 566, 569 , 301 A.2d 651, 652 (1973), quoting from Commonwealth v. Smith, 447 Pa. 457, 463 , 291 A. 2d 103, 105 (1972), and Commonwealth v. Frye, 433 Pa. 473, 481 , 252 A.2d 580, 584 (1969).
discussed Cited as authority (rule) Commonwealth v. Ritter
Pa. · 1975 · confidence medium
Butler v. Rundle, [ 429 Pa. 141 ] at 149, 239 A.2d 426, at 430 (1968); Commonwealth v. Eiland, [ 450 Pa. 566 ] at 574, 301 A.2d 651, at 654 (1973); Commonwealth v. Riggins, [ 451 Pa. 519 ] at 524, 304 A.2d 473, at 476 (1973); Commonwealth v. Banks, 454 Pa. 401, 407 . 311 A.2d 576, 579 (1973).” At page 131, 317 A.2d at page 243 .
discussed Cited as authority (rule) Commonwealth v. Young (2×)
Pa. Super. Ct. · 1975 · confidence medium
"However, it is established law in this Commonwealth that a conspiracy may be proved by circumstantial evidence as well as by direct evidence." Commonwealth v. Eiland, 450 Pa. 566, 570 , 301 A.2d 651, 652 (1973).
discussed Cited as authority (rule) Commonwealth v. Boyd (2×)
Pa. · 1975 · confidence medium
"Because `[n]o single litmus-paper test for constitutionally impermissible interrogation has been evolved. . .,' Culombe v. Connecticut, 367 U.S. 568, 601 , 81 S.Ct. 1860, 1878 , 6 L.Ed.2d 1037 (1961); Commonwealth v. Eiland, 450 Pa. 566, 573-574 , 301 A.2d 651, 654 (1973), we must in each case view the `totality of the circumstances.' Commonwealth v. Hallowell, 444 Pa. 221, 226 , 282 A.2d 327, 329 (1971); Commonwealth v. Holton, 432 Pa. 11, 17 , 247 A.2d 228, 231 (1968).
discussed Cited as authority (rule) Commonwealth v. Burton (2×)
Pa. · 1974 · confidence medium
As we said in Commonwealth v. Eiland, 450 Pa. 566, 570-571 , 301 A.2d 651, 653 (1973): “. . .
examined Cited as authority (rule) Commonwealth v. Simms (4×) also: Cited "see"
Pa. · 1974 · confidence medium
Because “[n]o single litmus-paper test for constitutionally impermissible interrogation has been evolved . . . ,” Culombe v. Connecticut, 367 U.S. 568, 601 , 81 S. Ct. 1860, 1878 (1961); Commonwealth v. Eiland, 450 Pa. 566, 573-74 , 301 A.2d 651, 654 (1973), 3 we must in each case view the “totality of the circumstances.” Commonwealth v. Hallowell, 444 Pa. 221, 226 , 282 A.2d 327, 329 (1971); Commonwealth v. Holton, 432 Pa. 11, 17 , 247 A.2d 228, 231 (1968).
discussed Cited as authority (rule) Commonwealth v. Alston
Pa. · 1974 · confidence medium
Butler v. Rundle, supra at 149, 239 A.2d at 430 (1968); Commonwealth v. Eiland, supra at 574, 301 A.2d at 654 (1973) ; Commonwealth v. Riggins, supra at 524, 304 A.2d at 476 (1973); Commonwealth v. Banks, 454 Pa. 401, 407 , 311 A.2d 576, 579 (1973).
examined Cited as authority (rule) Commonwealth v. Riggins (3×) also: Cited "see, e.g."
Pa. · 1973 · confidence medium
No other conclusion is possible, where as here, the uncontradicted Commonwealth evidence shows that appellant, a 17-year-old was: detained and continuously questioned for over 17 hours, in a small room, with no sleeping accommodations; compelled to submit to a “lie-detector” test, and then confronted with its results; without counsel, made to appear in two lineups; at least on one occasion, confronted by his co-defendant, whose confession implicated the appellant; not read-vised of his rights for over 17 sleepless hours and until *526 after the oral confession had already been secured and;…
discussed Cited "see" Commonwealth v. Badman (2×)
Pa. · 1990 · signal: see · confidence high
See Commonwealth v. Eiland, 450 Pa. 566 , 301 A.2d 651 (1973).
discussed Cited "see" Commonwealth v. Nash (2×)
Pa. Super. Ct. · 1981 · signal: see · confidence high
See Commonwealth v. Eiland, 450 Pa. 566 , 301 A.2d 651 (1973); Commonwealth ex rel.
discussed Cited "see" Commonwealth v. Rhem (2×)
Pa. Super. Ct. · 1980 · signal: see · confidence high
See Commonwealth v. Eiland, 450 Pa. 566 , 301 A.2d 651 (1973); Commonwealth ex rel.
discussed Cited "see" Commonwealth v. Soli (2×)
Pa. Super. Ct. · 1979 · signal: see · confidence high
See Section 306 of the Crimes Code, 18 Pa.C.S.A. 306 and Com. v. Eiland, 450 Pa. 566 , 301 A.2d 651 (1973) and Com. v. Roux, 465 Pa. 482 , 350 A.2d 867 (1976).
discussed Cited "see" Commonwealth v. Davenport (2×)
Pa. · 1977 · signal: see · confidence high
See Commonwealth v. Eiland, 450 Pa. 566 , 301 A.2d 651 (1973); Commonwealth ex rel.
discussed Cited "see" Commonwealth v. Minor (2×)
Pa. Super. Ct. · 1974 · signal: see · confidence high
See Commonwealth v. Eiland, 450 Pa. 566 , 301 A. 2d 651 (1973), and cases cited therein.
examined Cited "see" Commonwealth v. Joseph (4×)
Pa. · 1973 · signal: see · confidence high
See Commonwealth v. Eiland, 450 Pa. 566 , 301 A. 2d 651 (1973); Commonwealth v. Williams, 443 Pa. 85 , 277 A. 2d 781 (1971).
discussed Cited "see, e.g." Baker v. Horn (2×)
E.D. Pa. · 2005 · signal: see also · confidence low
Id.; see also Commonwealth v. Eiland, 450 Pa. 566 , 301 A.2d 651, 653 (1973) (quoting same language).
examined Cited "see, e.g." Commonwealth v. Peters (4×)
Pa. · 1977 · signal: see, e.g. · confidence low
See, e. g., Commonwealth v. Eiland, 450 Pa. 566 , 301 A.2d 651 (1973).
examined Cited "see, e.g." Commonwealth v. Cornish (4×)
Pa. · 1977 · signal: compare · confidence low
Compare Commonwealth v. Eiland, 450 Pa. 566 , 301 A.2d 651 (1973); Commonwealth v. Nathan, supra. In sum, although Cornish used narcotics the evening before his arrest, the record shows he was alert, responsive, not suffering physical discomfort, and in full control of his will.
examined Cited "see, e.g." State v. Wyman (4×)
Idaho · 1976 · signal: see also · confidence low
See also Annot., 19 A.L.R.2d 1331 (1951). [9] Commonwealth v. Eiland, 450 Pa. 566 , 301 A.2d 651 (1973); State v. Mojarro Padilla, 107 Ariz. 134 , 483 P.2d 549 (1971); State v. Plantz, 180 S.E.2d 614 (W.
examined Cited "see, e.g." Commonwealth of Pa. v. Coley (4×)
Pa. · 1976 · signal: see, e.g. · confidence low
See, e. g., Commonwealth v. Eiland, 450 Pa. 566 , 301 A.2d 651 (1973), (25 hour delay); Commonwealth v. Tingle, 451 Pa. 241 , 301 A.2d 701 (1973), (21 hour delay); Commonwealth v. Riggins, 451 Pa. 519 , 304 A.2d 473 (1973), (17 hour delay); Commonwealth v. Dutton, 453 Pa. 547 , 307 A.2d 238 (1973), (26 hour delay); In re Geiger, 454 Pa. 51 , 309 A.2d 559 (1973), (24 hour delay); Commonwealth v. Dixon, 454 Pa. 444 , 311 A.2d 613 (1973), (15 hour delay); Commonwealth v. Simms, 455 Pa. 599 , 317 A.2d 265 (1974), (22 hour delay); Commonwealth v. Hancock, 455 Pa. 583 , 317 A.2d 588 (1974), (19 hour…
Commonwealth
v.
Eiland, Appellant
Appeal, 393.
Supreme Court of Pennsylvania.
Mar 16, 1973.
301 A.2d 651
Roy H. Davis, for appellant., Albert L. Becker, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, Rich-curd A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Jonhs, Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino, Jones.
Cited by 148 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 65%
Citer courts: Supreme Court of Pennsylvania (2)

Opinion by

Mr. Justice Roberts,

In November, 1971, appellant, William Eiland, was tried nonjury and adjudicated guilty of conspiracy and murder in the second degree. Sentence was deferred pending post-trial motions. Following the denial of motions for a new trial and in arrest of judgment appellant was sentenced to imprisonment of three to ten years on the murder charge and received a suspended sentence on the conspiracy charge. In this direct appeal appellant alleges three errors. *

[*569] Appellant first argues that the evidence presented at trial was insufficient to support a verdict of guilty of conspiracy. This Court has held that “the test of the sufficiency of the evidence ... is whether, accepting as true all the evidence and all reasonable inference therefrom, upon which if believed the jury could properly have based its verdict, it is sufficient in law to prove beyond a reasonable doubt that the defendant is guilty of the crime or crimes of which he has been convicted.” Commonwealth v. Smith, 447 Pa. 457, 463, 291 A. 2d 103, 105 (1972); Commonwealth v. Frye, 433 Pa. 473, 481, 252 A. 2d 580, 584 (1969), see also Commonwealth v. Lee, 450 Pa. 152, 299 A. 2d 640 (1973).

An examination of the facts adduced at trial reveals the following: Appellant had been at a playground with about ten other youths drinking wine. According to appellant, Harold “Turk” Gordon, one of the other gang members, had been saying all day long that he was going to get one of the members of the rival Sommerville gang. Appellant left the group to get dressed for a party and buy some more wine. When he returned “Kay”, another member of the gang, came running up and said he had been hit on the head by one of the Sommerville gang. The group started walking toward the direction where “Kay” had been hit. According to appellant’s testimony they passed Turk coming out of his house and appellant “asked him if he had it [a gun]. He said yes. I said, ‘What you got?’ He said, ‘The pump,’ and then showed me the barrel part from under his coat. Then he went on ahead of me.”

As they were proceeding appellant stopped to hide his bottle of wine in a driveway. He lost sight of the rest of the gang. About ten or fifteen minutes later when he found them again, one member said “we got one.” Appellant then told Turk that “he better take his coat off before the man comes around here.”

[*570] Appellant claims that there was no evidence presented at trial showing any actual agreement, any group plan to commit murder, or that appellant actually acquiesced in any such plan. However, it is established law in this Commonwealth that a conspiracy may be proved by circumstantial evidence as well as by direct evidence. Commonwealth v. Batley, 436 Pa. 377, 392, 260 A. 2d 793, 801 (1970) ; Commonwealth v. Yobbagy, 410 Pa. 172, 177, 188 A. 2d 750, 752 (1963); Commonwealth v. Neff, 407 Pa. 1, 179 A. 2d 630 (1962); Commonwealth v. DeMoss, 401 Pa. 395, 165 A. 2d 14 (1960); Commonwealth v. Musser Forests, Inc., 394 Pa. 205, 210, 146 A. 2d 714, 716 (1958) ; Commonwealth v. Evans, 190 Pa. Superior Ct. 179, 201, 154 A. 2d 57, 71 (1959), aff'd per curiam, 399 Pa. 387, 160 A. 2d 407 (1960). Although more than mere association must be shown, “‘[a] conspiracy may be inferentially established by showing the relation, conduct, or circumstances of the parties, and the overt acts on the part of co-conspirators have uniformly been held competent to prove that a corrupt confederation has in fact been formed: . . ” Commonwealth v. Neff, supra at 6, 179 A. 2d at 632, quoting Commonwealth v. Horvath, 187 Pa. Superior Ct. 206, 211, 144 A. 2d 489, 492 (1958).

Moreover, a co-conspirator is not relieved of liability because he is not present at the execution of the crime. Commonwealth v. Burdell, 380 Pa. 43, 110 A. 2d 193 (1955). As we noted in Commonwealth v. Thomas, 410 Pa. 160, 165, 189 A. 2d 255, 258 (1963) : “Where the existence of a conspiracy is established, the law imposes upon a conspirator full responsibility for the natural and probable consequences of acts committed by his fellow conspirator or conspirators if such acts are done in pursuance of the common design or purpose of the conspiracy. Such responsibility attaches even though such conspirator was not physically present when the[*571] acts were committed by Ms fellow conspirator or conspirators and extends even to a homicide which is a contingency of the natural and probable execution of the conspiracy, even though such homicide is not specifically contemplated by the parties (Commonwealth v. Spardute, 278 Pa. 37, 50, 122 A. 161).” On the basis of the testimony presented at trial there was sufficient evidence to convict appellant on the conspiracy charge.

Appellant next contends that a signed incriminating statement, obtained from him following arrest, during his detention at the police station, should have been suppressed because the statement was a product of physical coercion. At the suppression hearing appellant testified that during questioning at the police station he was beaten on two separate occasions by two different officers, and that his signed statement was induced by those beatings. However, the officer in charge of the interrogation specifically denied these allegations and testified that no physical force was employed at any point in the questioning. The suppression court chose to believe the officer’s testimony and refused to suppress the statement. Appellant’s testimony that he was not advised of Ms Miranda rights was also refuted by the officer and disbelieved by the court.

On this appeal appellant is merely claiming that his version of the questioning was true and the officer’s version was false. Clearly this matter of credibility was decided adversely to appellant by the trial court. When the suppression court has determined that no beatings or physical coercion occurred “the appellate court will accept the determination of the [trier] of facts if there was any substantial evidence to support [its] conclusion.” Commonwealth v. Johnson, 365 Pa. 303, 314, 74 A. 2d 144, 149, reversed on other grounds,[*572] 340 U.S. 881, 71 S. Ct. 191 (1950). See Commonwealth v. Smith, 447 Pa. 457, 461, 291 A. 2d 103, 104 (1972).

Appellant also contends that the statement obtained from him should have been suppressed because of the “unnecessary delay” between the time of arrest and arraignment in violation of Pa. B. Crim. P. 118. See Commonwealth v. Futch, 447 Pa. 389, 290 A. 2d 417 (1972). The Commonwealth argues, on the other hand, that because appellant failed to raise this Futch issue either at the pretrial suppression hearing, during the trial, or on post-trial motions appellant cannot now raise the issue for the first time on direct appeal. Based on this reasoning we would be inclined to agree with the Commonwealth.

However, we need not reach the Futch issue directly or the failure to raise it previously because under the totality of the circumstances surrounding appellant’s signed statement, that statement was involuntary and should have been suppressed. Commonwealth v. Koch, 446 Pa. 469, 288 A. 2d 791 (1972) ; Commonwealth ex rel. Butler v. Rundle, 429 Pa. 141, 239 A. 2d 426 (1968). In Butler and Koch this Court specifically stated that the presence of an unnecessary delay in securing preliminary arraignment is a factor to be considered, among others, in assessing the voluntariness of a confession. Cf. Commonwealth v. Moore, 444 Pa. 24, 279 A. 2d 146 (1971). Thus even prior to Futch an unnecessary delay in arraignment could be a factor used to vitiate a confession.

In this case, viewing the evidence presented by the Commonwealth and so mueh of the evidence for the defense which remains uncontradicted, Culombe v. Connecticut, 367 U.S. 568, 604, 81 S. Ct. 1860, 1880 (1961); Commonwealth ex rel. Butler v. Rundle, supra at 150, 239 A. 2d at 430, there are several factors which overcame appellant’s will and contributed to his confession.[*573] Appellant was arrested at approximately 11:30 P.M. Upon arrival at police headquarters he was placed in a room where he sat isolated until 4:40 A.M. At that time an officer came in, advised him of his rights and when appellant indicated he was willing to talk without counsel the officer began interrogating Mm. However, at tMs point appellant denied any participation in the murder. The questioning lasted until 6:00 A.M. when appellant was provided with a meal. From 7:00 A.M. until 8:00 A.M. he was questioned again, still refusing to admit any complicity in the shooting. From 9:00 A.M. until 10:00 A.M., he was returned to isolation. At 10:00 A.M. he underwent a polygraph test and then at about 3:20 P.M. he was given a second meal. Between 4:20 P.M. and 5:00 P.M., appellant was again placed in isolation.

At 5:00 P.M., the interrogating officer returned and re-advised appellant of his rights. At this point the officer told appellant that they had learned from other suspects that he (appellant) was not that deeply involved in the incident in regard to the actual shooting and that in order to “make it light on himself” and “quite possibly make out better than the others,” appellant should tell the officer what he knew of the incident. It was at this point that appellant decided to make a statement—after 17 hours of custody during which he was intermittently interrogated and isolated and finally told he would be treated more leniently than the others if he confessed. Approximately eight hours after appellant had signed his statement he was finally arraigned before a magistrate.

It is well established that in determining the voluntariness of a confession “[n]o single litmus-paper test for constitutionally impermissible interrogation has been evolved.” Gulombe, supra at 601, 81 g. Ct. at 1878. However, at some point in the questioning “all[*574] of the surrounding circumstances—the duration and conditions of detention . . ., the manifest attitude of the police toward him, his physical and mental state, the diverse pressures which sap or sustain his powers of resistance and self-control—is relevant” and may serve to render any statement or confession involuntary. Culombe, supra at 602, 81 S. Ct. at 1879; Commonwealth ex rel. Butler v. Rundle, supra at 149, 239 A. 2d at 430.

Moreover, this Court has emphasized that when “[t]he questions in the voluntariness area have passed beyond the physical coercion stage to the much more difficult area of psychological coercion ... a close analysis of all the surrounding circumstances is necessary,” Commonwealth ex rel. Butler v. Rundle, supra, and that “the test for an involuntary confession, must concern itself with those elements impinging upon a defendant’s will.” Commonwealth v. Baity, 428 Pa. 306, 315 n.7, 237 A. 2d 172, 177 n.7 (1968). Thus in the instant case we must weigh all the factors influencing appellant’s will at the time he made his statement. The record evinces uncontradicted evidence that appellant, a 20-year-old with a tenth grade education, was isolated for several periods of time; that upon his initial interrogation he refused to admit involvement in the shooting; that eleven hours later when told by the police he would get more lenient treatment if he confessed, he signed an incriminating statement; and that he was not arraigned until some twenty-five hours after arrest.

The combination of all these factors based on the Commonwealth’s uncontradicted evidence constituted a subtle but nonetheless powerful form of impermissible psychological coercion. See Spano v. New York, 360 U.S. 315, 79 S. Ct. 1202 (1959). We conclude that appellant’s signed statement was involuntary and should therefore have been suppressed.

[*575] Judgment of sentence reversed and a new trial granted.

Mr. Justice Eagen and Mr. Justice Pomeroy concur in the result. Mr. Chief Justice Jones dissents.
*

After appellant filed his appeal he subsequently withdrew it and the trial court vacated the sentence. This was apparently done to allow further investigation on the question of appellant’s involvement in the shooting. On April 12, 1972, the trial court reimposed sentence and appeUant filed the instant appeal.