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COMMONWEALTH v. CAMPBELL (03/23/71)

decided: March 23, 1971.

COMMONWEALTH
v.
CAMPBELL, APPELLANT



Appeal from judgment of sentence of Court of Quarter Sessions of Beaver County, May T., 1966, No. 10, in case of Commonwealth of Pennsylvania v. John E. Campbell.

COUNSEL

Eugene Morris, for appellant.

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

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

Author: Per Curiam

[ 218 Pa. Super. Page 168]

Judgment of sentence affirmed, and the defendant is directed to appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with the sentence, or any part thereof which had not been performed at the time the appeal was made a supersedeas.

Disposition

Judgment of sentence affirmed.

[ 218 Pa. Super. Page 169]

Dissenting Opinion by Hoffman, J.:

Appellant was convicted of conducting a lottery. The issue on appeal is whether there was probable cause for the issuance of a search warrant pursuant to which certain items were seized and later admitted into evidence against appellant at trial. The search warrant was issued solely upon information related to a Justice of the Peace by the Chief of Police of the Aliquippa Police Force. Because neither the Justice of the Peace nor the Chief of Police made a written record of the statements offered in support of the issuance of the search warrant, the only evidence as to these supportive statements comes from their depositions.*fn1

The Justice of the Peace's testimony is to the effect that in issuing the warrant he relied on the Chief's statements concerning his own personal observations. The Justice testified: "Q. In that event, let me ask you what, in substance, was related to you by [the Chief of Police] when he appeared at your office and swore to this Affidavit? A. Well, he told me that there were known numbers writers and people coming and going to this particular address, and he had reason to believe that this place was operating and conducting a lottery . . . . Q. Did the Chief indicate that he saw known numbers writers going in? A. Yes, that was his statement to me."

The Chief of Police also testified as to the circumstances surrounding the issuance of the search warrant. "Q. . . . I would like to ask you to tell us what you told the Squire when he was there at the police station so ...


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