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COMMONWEALTH v. GOSLEE (06/02/67)

decided: June 2, 1967.

COMMONWEALTH
v.
GOSLEE, APPELLANT



Appeal from order of Court of Oyer and Terminer of Lawrence County, Sept. T., 1966, No. 7, in case of Commonwealth of Pennsylvania v. Arthur Goslee.

COUNSEL

James A. Caldwell, for appellant.

Kenneth E. Fox, Jr., District Attorney, for Commonwealth, appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Dissenting Opinion by Hoffman, J. Montgomery, J., joins in this dissenting opinion.

Author: Per Curiam

[ 210 Pa. Super. Page 62]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

I dissent.

[ 210 Pa. Super. Page 63]

Appellant was tried and convicted, before a jury, on charges of burglary, larceny, and receiving stolen goods.

The evidence adduced at appellant's trial was seized from his apartment in a search conducted without a warrant. Before this Court, the Commonwealth seeks to justify the search of the apartment as "incident to a lawful arrest." In my view, however, appellant's arrest was itself ...


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