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COMMONWEALTH v. JACKSON (06/13/68)

decided: June 13, 1968.

COMMONWEALTH
v.
JACKSON, APPELLANT



Appeal from judgment of Court of Oyer and Terminer of Allegheny County, Nov. T., 1966, No. 39, in case of Commonwealth of Pennsylvania v. James Jackson, Jr.

COUNSEL

John J. Dean, Assistant Trial Defender, with him Daniel T. Zamos, Assistant Director, and George H. Ross, Director, for appellant.

Charles B. Watkins, Assistant District Attorney, with him Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 212 Pa. Super. Page 275]

Judgment of sentence affirmed.

Disposition

Judgment affirmed.

Dissenting Opinion by Hoffman, J.:

At approximately 4:30 a.m. on October 13, 1966, the police received a call from an anonymous person who stated that there was a stolen car, with stolen articles in it, parked at 7300 Kelly Street, Pittsburgh, Pennsylvania. Police were dispatched to the scene and found the car described but no stolen articles. A check revealed that the car was indeed stolen, and it was returned to its rightful owner shortly thereafter. The police then received a second call, allegedly from the same person who had called earlier. The caller said that some stolen television sets were being taken into a third floor apartment at 7300 Kelly St. The police obtained a warrant and went to that address. The officers found several doors on the third floor, but knocked on the door from which light was showing. They produced the warrant and asked appellant's wife if they could search the premises. She consented. In

[ 212 Pa. Super. Page 276]

    a storage room in the apartment, the police uncovered a number of television sets and appliances.

Appellant was indicted on a bill charging burglary, larceny, and receiving stolen goods. Prior to trial, counsel for appellant moved to suppress the evidence seized as a result of the search of appellant's apartment on the ground that the warrant was constitutionally infirm. The motion was denied and the evidence was used against appellant at trial. After the jury found him guilty, appellant renewed his ...


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