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COMMONWEALTH v. PALLADINO (02/15/67)

decided: February 15, 1967.

COMMONWEALTH
v.
PALLADINO, APPELLANT



Appeals from judgment of Court of Quarter Sessions of Delaware County, Dec. T., 1965, Nos. 345 and 347, in case of Commonwealth of Pennsylvania v. James J. Palladino.

COUNSEL

Herbert K. Fisher, with him Bloom, Ochs & Fisher, for appellant.

Vram Nedurian, Jr., Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, Paul R. Sand, First Assistant District Attorney, and Jacques H. Fox, District Attorney, for Commonwealth, appellee.

Ervin, P. J., Wright, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Watkins, J., absent). Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissent.

Author: Per Curiam

[ 209 Pa. Super. Page 258]

Judgment of sentence is affirmed and the defendant is directed to appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with the sentence, or any part of it which had not been performed at the time the appeal was made a supersedeas.

Disposition

Judgment affirmed.

Dissenting Opinion by Hoffman, J.:

I dissent.

On October 25, 1965, State Police Officer McKenna applied for a warrant from a Justice of the Peace to search for "gambling devices and other paraphernalia" in appellant Palladino's apartment. In support of his application the officer submitted an affidavit reciting

[ 209 Pa. Super. Page 259]

    that: ". . . James Palladino has been accepting horse and number bets over telephone numbers, LE 4-7447 and 521-2714. Information is based on information supplied by an informant who this officers [sic] knows to be relible [sic] and has furnished information in the past. Also on surveillance of this officer." The search ...


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