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COMMONWEALTH v. SCARFO (06/30/71)

decided: June 30, 1971.

COMMONWEALTH
v.
SCARFO, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, Jan. T., 1968, No. 94, in case of Commonwealth of Pennsylvania v. Virgil Ronald Scarfo.

COUNSEL

A. M. Cohen, Assistant Public Defender, with him John J. Dean, Assistant Public Defender, and George H. Ross, Public Defender, for appellant.

Robert L. Campbell, 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 Cercone, JJ. Concurring Opinion by Hoffman, J.

Author: Per Curiam

[ 219 Pa. Super. Page 125]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Concurring Opinion by Hoffman, J.:

Appellant was indicted for burglary and larceny and brought to trial before a judge sitting without a jury.

[ 219 Pa. Super. Page 126]

The first witness for the Commonwealth was a police officer who testified to the actions he took pursuant to a search warrant. At this point defense counsel objected to further testimony until the warrant was established to be valid. At the conclusion of the trial the lower court held that the affidavit in support of the warrant was inadequate. However, pursuant to Rule 2001 of the Rules of Criminal Procedure*fn1 the ...


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