COMMONWEALTH v. GUARDIANI


226 Pa.Super. 435 (1973)

Commonwealth, Appellant, v. Guardiani.

Superior Court of Pennsylvania.

September 19, 1973.


Attorney(s) appearing for the Case

Martin H. Belsky, Assistant District Attorney, with him James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellant.

Miriam L. Gafni, with her Piwosky and Gafni, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and SPAETH, JJ.


OPINION BY SPAETH, J., September 19, 1973:

Appellee was arrested and charged with malicious use of the telephone (among other offenses). A detective of the Philadelphia Police Department obtained from a judge of the Municipal Court a search warrant ordering appellee to give voice prints to the Commonwealth. When appellee refused, the Commonwealth asked a judge of the Court of Common Pleas to hold appellee in contempt. After argument and briefs, the judge held that...

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