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COMMONWEALTH v. CONNER (06/11/70)

decided: June 11, 1970.

COMMONWEALTH
v.
CONNER, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Dauphin County, March T., 1967, No. 107, in case of Commonwealth of Pennsylvania v. John R. Conner.

COUNSEL

John J. Krafsig, Jr., for appellant.

Jerome T. Foerster, Assistant District Attorney, with him LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 217 Pa. Super. Page 85]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

[ 217 Pa. Super. Page 86]

Dissenting Opinion by Hoffman, J.:

Appellant was convicted of unlawful possession of a firearm in violation of the Uniform Firearms Act, Act of June 24, 1939, P. L. 872, § 628, as amended, 18 P.S. § 4628. The evidence upon which appellant was convicted consisted of the testimony of a police officer who found an unlicensed firearm in appellant's car and the introduction of the firearm into evidence.

Appellant moved for the suppression of both the testimony and firearm because he claimed the firearm was seized in violation of the Fourth Amendment. Following a suppression hearing on appellant's claim, motion was denied. From judgment of sentence this appeal followed.*fn1

Appellant was arrested for a criminal offense not here relevant across the street from where his car was parked. The police officer who arrested appellant then asked permission to search appellant's car. When permission was refused, appellant was retained in custody ...


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