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COMMONWEALTH v. LUCCHESE (03/31/75)

decided: March 31, 1975.

COMMONWEALTH
v.
LUCCHESE, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Berks County, No. 293 of 1972, in case of Commonwealth of Pennsylvania v. Louis Lucchese.

COUNSEL

Emmanuel H. Dimitriou, with him G. Alan Kramer, and Lieberman, Dimitriou & Kramer, for appellant.

Grant E. Wesner, Deputy District Attorney, with him Robert L. VanHoove, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, and Spaeth, JJ. (Van der Voort, J., absent). Opinion by Cercone, J. Van der Voort, J., did not participate in the consideration or decision of this case.

Author: Cercone

[ 233 Pa. Super. Page 275]

After a trial by jury, appellant was found guilty of poolselling and bookmaking, but not guilty of establishing a gambling place. This appeal arises from the lower court's denial of appellant's post-trial motions for an arrest of judgment or a new trial. This multi-pronged appeal alleges, inter alia, the following errors below:

1) Newspaper articles, setting forth testimony presented at a suppression hearing held in closed session in accordance with Pa. R. Crim. P. 323(f), violated his right of a fair trial;

2) The affidavit supporting the search warrant is defective;

3) The defective affidavit vitiated the search warrant, rendering the subsequent search of defendant's home illegal, and the evidence obtained thereby, inadmissible;

4) The evidence is too "remote" to support a finding of defendant's guilt;

5) The police officer's answering of a telephone call at defendant's home during the time of search was a wrongful invasion of his right to privacy.

The affiant alleges in the affidavit*fn1 that he received information from an informant ...


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