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COMMONWEALTH v. ARNOLD (03/20/68)

decided: March 20, 1968.

COMMONWEALTH
v.
ARNOLD, APPELLANT



Appeal from judgment of Court of Quarter Sessions of Lancaster County, Sept. T., 1966, No. 119, in case of Commonwealth of Pennsylvania v. Clark S. Arnold.

COUNSEL

Allen H. Smith, and Arnold, Bricker, Beyer & Barnes, for appellant.

Clarence C. Newcomer, First Assistant District Attorney, and Wilson Bucher, District Attorney, for Commonwealth, appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Wright, P. J. Hoffman and Spaulding, JJ., dissent.

Author: Wright

[ 212 Pa. Super. Page 34]

This is a companion appeal to that in Commonwealth v. Barclay, 212 Pa. Superior Ct. 25, 240 A.2d 838. Clark S. Arnold was indicted for racing on the highway on Bill No. 119 September Sessions 1966. He was tried with David G. Barclay, convicted and sentenced. He contends on this appeal that his arrest was unlawful because it was made as the result of evidence improperly obtained from Barclay. We need not and

[ 212 Pa. Super. Page 35]

    do not decide the legal question thus presented. Since we have held in the companion appeal that Barclay's conversation with the police officer was properly admissible, Arnold's argument in the instant appeal cannot prevail.

Judgment affirmed.

Disposition

Judgment affirmed.

19680320

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