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COMMONWEALTH v. THORNE (12/11/72)

decided: December 11, 1972.

COMMONWEALTH, APPELLANT,
v.
THORNE



Appeals from order of Court of Common Pleas of Adams County, Feb. T., 1972, Nos. 73, 77, 93, 108, 109 and 110, in case of Commonwealth of Pennsylvania v. Lester Courtney Thorne; Same v. Ronald Lee Thorne; Same v. Clarence Junior Thorne.

COUNSEL

Robert G. Bigham, Assistant District Attorney, with him Oscar F. Spicer, District Attorney, for Commonwealth, appellant.

Robert E. Campbell, Public Defender, for Lester Courtney Thorne, appellee.

Henry O. Heiser, III, with him Swope & Frazee, for Ronald Lee Thorne, appellee.

Gary E. Hartman, with him Eugene R. Hartman, for Clarence Junior Thorne, appellee.

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

Author: Hoffman

[ 223 Pa. Super. Page 123]

The Commonwealth, appellant in this case, conceded in oral argument before this court that the inadmissibility

[ 223 Pa. Super. Page 124]

    of the suppressed evidence would not substantially handicap the prosecution of this case. An examination of the suppression hearing record indicates that this is true. In light of Commonwealth v. Bosurgi, 411 Pa. 56, 63, 190 A.2d 304 (1963) and Commonwealth v. Pomponi, 436 Pa. 565, 568, 259 A.2d 872 (1970), such an admission requires that this appeal be quashed without determining the validity of the search.

Disposition

Appeal quashed.

Dissenting Opinion by ...


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