Appeals from judgment of Court of Quarter Sessions of Philadelphia County, Sept. T., 1965, Nos. 1218 and 1219, in case of Commonwealth of Pennsylvania v. John Crawley.
Leonard Packel, Assistant Defender, with him Melvin Dildine, Assistant Defender, and Herman I. Pollock, Defender, for appellant.
Michael M. Baylson, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, 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 Jacobs, J.
[ 209 Pa. Super. Page 72]
Appellant was found guilty of burglary by the Honorable James T. McDermott, sitting without a jury, in Philadelphia County. He appeals from the judgment of sentence.
Appellant's first argument is that the Commonwealth should have been compelled to produce or identify a police informant, who supplied information for a search warrant. This argument requires little discussion in light of our most recent decision on the subject. Commonwealth v. Carter, 208 Pa. Superior Ct. 245, 222 A.2d 475 (1966). In that case, a majority of our court held that the Commonwealth was not required to produce or disclose the identity of an informer who allegedly was a participant in the crime of which Carter was convicted.*fn1
In the present case the informant was not a participant in Crawley's activities, there was no problem as to identity and no issue of entrapment. Crawley was found in possession of the recently stolen goods (kitchenware, whiskey, money and a pistol). The fact
[ 209 Pa. Super. Page 73]
that an informer saw Crawley transport the goods to the premises where they were eventually found and supplied this information to the police, which led to the obtaining of a search warrant for the premises, does not give Crawley the right to confront this informer. To so hold would be to discourage citizens from revealing any knowledge of commission of crimes, thereby unnecessarily weakening efforts at effective law enforcement. See Rugendorf v. United States, 376 U.S. 528, 84 S. Ct. 825, 11 L. ed. 2d 887 (1964). We find no error in the failure to reveal the identity of the informer or to produce the informer at trial, which proceeded on the theory of possession of recently stolen goods. Commonwealth v. Garnett, 204 Pa. Superior Ct. 113, 203 A.2d 328 (1964).
Appellant's second argument is that the lower court erred in not suppressing evidence which he claims was obtained by the ...