COMMONWEALTH v. ELLSWORTH

Nos. 630-635.

32 Pa. D. & C. 2d 601 (1963)

Commonwealth v. Ellsworth

Common Pleas Court of Philadelphia County, Pennsylvania.

September 27, 1963.


Attorney(s) appearing for the Case

Charles Jay Bogdanoff, Assistant District Attorney, for Commonwealth.

John R. Carroll and Robert E. Gabriel, for defendant.


GRIFFITHS, J., September 27, 1963.

Defendant, indicted for murder in 1955, has petitioned to suppress certain evidence by reason of the holding in Mapp v. Ohio, 367 U.S. 643, decided in 1961.

The Commonwealth preliminarily has moved to dismiss defendant's petition on the ground that Mapp v. Ohio applies prospectively only, and, therefore, cannot be applied to a crime which occurred prior to such decision.

It is the opinion...

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