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COMMONWEALTH v. LARIS (12/12/68)

decided: December 12, 1968.

COMMONWEALTH
v.
LARIS, APPELLANT



Appeal from judgment of sentence of Court of Quarter Sessions of Beaver County, Aug. T., 1963, No. 32, in case of Commonwealth of Pennsylvania v. George Laris.

COUNSEL

Louis M. Tarasi, Jr., with him John Alan Conte, and Conte, Courtney & Tarasi, for appellant.

Robert C. Reed, Assistant District Attorney, with him John G. Good, Jr., District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 213 Pa. Super. Page 411]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

[ 213 Pa. Super. Page 412]

Dissenting Opinion by Hoffman, J.:

Appellant was found guilty of gambling and conspiracy. This appeal challenges the propriety of the lower court's refusal to suppress evidence.

The record discloses that appellant leased a cement block garage situated on thirty acres of land in Beaver County for the purposes of storing saddles, feed and other matters related to the business of raising and breeding horses.

An informant advised the police that gambling activities were being conducted in the garage. As a result, the Pennsylvania State Police on June 14, 1963, at 9:30 p.m., placed the premises under surveillance. They did not, however, obtain a search or arrest warrant. The surveillance was conducted from a hillside overlooking the garage and an adjacent parking area. After noticing cars entering the parking area, the police proceeded to the rear of the garage, where they ...


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