Commonwealth v. Barnes

344 A.2d 821, 463 Pa. 259, 1975 Pa. LEXIS 986

• Court: Supreme Court of Pennsylvania
• Decided: October 3, 1975
• Docket: 162
• Status: Published

Opinions

OPINION OF THE COURT

PER CURIAM.

This appeal comes before us after a grant of the Commonwealth’s Petition for Interlocutory Appeal.

* On consideration of the order of the Court below and its effect on the Commonwealth’s case, the appeal is dismissed as improvidently granted. Commonwealth v. Gullett, 459 Pa. 431, 434-435, 329 A.2d 513, 515 (1974) and cases cited therein.

EAGEN, J., would affirm the order of the trial court as to the tape recordings and reverse the order of the trial court as to the notes taken by the police during the defendant’s interview. POMEROY, J., filed a dissenting opinion.

Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970 P. L. 673, No. 223, Art. V, § 501 and Article II, § 202, 17 P.S. § 211.-501 and § 211.202.