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COMMONWEALTH v. HELMS, et al.

234 Pa.Super. 537 (1975)

Commonwealth, Appellant, v. Helms. Commonwealth, Appellant, v. Spacil.

Superior Court of Pennsylvania.

June 24, 1975.

Attorney(s) appearing for the Case

Timothy H. Knauer, Assistant District Attorney, with him Robert S. Gawthrop, III, Assistant District Attorney, and William H. Lamb, District Attorney, for Commonwealth, appellant.

Michael S. Barranco, Assistant Public Defender, with him John R. Merrick, Public Defender, for appellees.

William M. Hebrank, with him Raymond F. Scully, for amicus curiae, The Bell Telephone Company of Pennsylvania.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, and SPAETH, JJ. (VAN DER VOORT, J., absent).

OPINION BY JACOBS, J., June 24, 1975:

The appellees, Robert Helms and Kenneth Spacil, were charged with conspiracy to fraudulently obtain telecommunications service and conspiracy to possess and possession of instruments or devices used to achieve theft of communications service.1 Both appellees moved to suppress evidence obtained by security personnel of the Bell Telephone Company of Pennsylvania contending that such evidence was obtained...

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