Appeal from judgment of Court of Quarter Sessions of Philadelphia County, Aug. T., 1965, No. 200, in case of Commonwealth of Pennsylvania v. Marvin Goldberg.
Morris Paul Baran, with him Harry D. Sporkin, and Sporkin and Baran, for appellant.
Gordon Gelfond, Assistant District Attorney, with him John A. McMenamin and Alan J. Davis, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Wright, J.
[ 208 Pa. Super. Page 514]
Marvin Goldberg was indicted in the Court of Quarter Sessions of Philadelphia County on Bill No. 200 August Sessions 1965 charging the interception of telephone communications and the installation of a device for that purpose. Goldberg entered a plea of not guilty and waived jury trial. He was found guilty by the
[ 208 Pa. Super. Page 515]
hearing judge. Motions in arrest of judgment and for a new trial were overruled, and sentence was imposed. This appeal followed.
The record discloses that appellant resided with his wife at 9380 Hoff Street in the City of Philadelphia. A telephone had been installed at that address, and was listed in appellant's name as the subscriber. On May 10, 1965, upon investigation at the complaint of appellant's wife, a security agent of the Bell Telephone Company discovered a foreign wire leading from the telephone connection in the basement to an adjacent shed. Inside this shed the wire was attached to a pair of earphones. The agent testified that this device constituted a wire-tap, one of the terminals of which had been disconnected. "As I found it, it was not able to be used". The brother of appellant's wife testified that, on April 17, 1965, appellant "told me that he had bugged his phone and he was listening in to my sister's conversations". After the Commonwealth rested its case, a demurrer to the evidence was overruled. Appellant did not take the stand, but did adduce the testimony of several character witnesses. A motion for a directed verdict was denied.
The statute upon which the indictment was based is the Act of July 16, 1957, P. L. 956, 15 P.S. 2443, reading in pertinent part as follows: "No person shall intercept a communication by telephone or telegraph without permission of the parties to such communication. No person shall install or employ any device for overhearing or recording communications passing through a telephone or telegraph line with intent to intercept a communication in violation of this act. No person shall divulge or use the contents or purport of a communication intercepted in violation of this act".
This statute has been extensively analyzed in opinions recently filed in Commonwealth v. Murray, 423 Pa. 37, 223 A.2d 102. That decision prohibits the use
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of incriminating evidence obtained by a private detective "from the transcript of the illegally installed wiretape recording". It is our view that the Murray case ...