COM. v. POTEETE


274 Pa.Super. 490 (1980)

418 A.2d 513

COMMONWEALTH of Pennsylvania v. David Lee POTEETE, Appellant.

Superior Court of Pennsylvania.

Filed January 18, 1980.


Attorney(s) appearing for the Case

Thomas G. Klingensmith, Public Defender, Lancaster, for appellant.

Joseph C. Madenspacher, Assistant District Attorney, Lancaster, for Commonwealth, appellee.

Before HESTER, HOFFMAN and CATANIA, JJ.


HOFFMAN, Judge:

Appellant contends that: (1) the evidence is insufficient to prove receiving stolen property, and (2) the warrantless search of his home was unlawful because the police used deception to gain entrance. We agree that the search of appellant's home was unlawful and, accordingly, reverse judgment of sentence and remand for a new trial.1

Twice in April, 1976, a home owned by Alsena Kirschner was burgled. Kirschner suffered...

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