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COMMONWEALTH PENNSYLVANIA v. BERNADETTE KING (03/14/79)

decided: March 14, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
BERNADETTE KING, APPELLEE



Appeal Nos. 58 and 92 January Term, 1978, from the Order of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, as of October Sessions, 1977, Nos. 641-642; George J. Ivins, Judge.

COUNSEL

Steven H. Goldblatt, Deputy Dist. Atty.-Law, Paul S. Diamond, Asst. Dist. Atty., Philadelphia, for appellant.

Salvatore J. Cucinotta, Philadelphia, for appellee.

Eagen, C. J., and Roberts, Nix, Manderino and Larsen, JJ. O'Brien, J., did not participate in the consideration or decision of this case. Eagen, C. J., concurs in the result. Roberts and Nix, JJ., concur concluding that there were no exigent circumstances to permit a warrantless arrest of the suspect in her home. Larsen, J., dissents concluding that probable cause existed for the arrest.

Author: Per Curiam

[ 484 Pa. Page 414]

OPINION

This is an appeal by the prosecution from an order of the trial court suppressing a statement allegedly given by appellee to police, and certain physical evidence obtained as a result of that statement. The order was entered after the trial court concluded that appellee's arrest lacked probable cause.

We have reviewed the arguments presented by appellant in this case and find them to be without merit.

Order affirmed.

19790314

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