Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

COMMONWEALTH v. BURKE (11/23/71)

decided: November 23, 1971.

COMMONWEALTH
v.
BURKE, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Lancaster County, March T., 1970, No. 414, in case of Commonwealth of Pennsylvania v. Ronald Glasgow Burke.

COUNSEL

Joseph J. Lombardo and Lombardo & Hummer, for appellant.

George T. Brubaker, Assistant District Attorney, and Clarence C. Newcomer, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 220 Pa. Super. Page 123]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

This appeal from a conviction for the sale of a narcotic drug raises the issue of whether the trial court properly ruled that the evidence was not sufficient to support the submission of the defense of entrapment to the jury for its consideration.

The undisputed evidence at trial was that a Dennis Goggin was employed by the District Attorney's office of Lancaster County to grow his hair long, "put on a modish, hippy-type outfit and intermingle with a large group of young people from Lancaster who were suspected to be in the use or sale of narcotic drugs." The object was for Goggin to "become friendly sort of with them, go to parties with them and otherwise become an integral part of that group so that [he] could obtain evidence which would be used later to prosecute them." For a period of four and one half months Goggin acted

[ 220 Pa. Super. Page 124]

    in this undercover role, and in several instances simulated the taking of drugs so that the group of persons whom he intermingled with believed that he was a drug user. Further, Goggin informed the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.