Commonwealth v. Thorne

Superior Court of Pennsylvania

Commonwealth v. Thorne

299 A.2d 370, 223 Pa. Super. 122, 1972 Pa. Super. LEXIS 1065

Superior Court of Pennsylvania·Decided December 11, 1972·No. Appeals, 417, 418 and 419·Published·Cited by 6 cases

Opinions

Opinion by

Hoffman, J.,

The Commonwealth, appellant in this case, conceded in oral argument before this court that the inad[124] missibility 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.

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Opinion by

Hoffman, J.,

The Commonwealth, appellant in this case, conceded in oral argument before this court that the inad[124] missibility 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.

Commonwealth v. Thorne, 299 A.2d 370, 223 Pa. Super. 122, 1972 Pa. Super. LEXIS 1065 (Pa. Ct. App. 1972).

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