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COMMONWEALTH v. WHITEHOUSE (06/15/72)

decided: June 15, 1972.

COMMONWEALTH
v.
WHITEHOUSE, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Mercer County, June T., 1970, No. 127, in case of Commonwealth of Pennsylvania v. Richard Louis Whitehouse.

COUNSEL

Stuart E. Savage, with him Savage, Finkel and Love, for appellant.

Robert F. Banks, First Assistant District Attorney, with him Joseph J. Nelson, District Attorney, for Commonwealth, appellee.

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

Author: Watkins

[ 222 Pa. Super. Page 128]

This is an appeal from the judgment of sentence of the Court of Common Pleas, Criminal Division, of Mercer County, by the defendant-appellant, Richard

[ 222 Pa. Super. Page 129]

Louis Whitehouse, after conviction before a Judge without a jury on three counts of burglary and larceny.

The question before this Court, on appeal, is the admission of certain incriminating admissions made by the defendant to police officers after the service of a search warrant found by the court below to be illegal for want of probable cause after a Suppression Hearing.

The Order of Suppression reads as follows:

"Order

"And Now, on this 16th day of June, 1970, it is hereby ordered that the rule to show cause why physical evidence should not be suppressed is made absolute. The Commonwealth may not at the trial of any of the cases as set forth in paragraph one of the findings of fact of this opinion introduce into evidence any of the physical evidence secured as a result of the issuance of the invalid initial search warrant, the second search warrant concerning the McCandless home or any articles discovered for which there was no search warrant during the course of the search.

"The rule to show cause as to oral statements is made absolute only as to the initial oral statement concerning the television set stolen from Goodyear Supply Store of Grove City, Pennsylvania. All other statements of confessions and admissions made while the defendant was at his residence and prior to his arraignment before a district magistrate may be received into evidence and the time, place and circumstances of the making of the statement may be recited to the jury by competent evidence. Statements made by the defendant as he pointed out the location and description of certain stolen goods throughout the house while accompanying the officers on their ...


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