COM. v. O'NEAL


287 Pa.Super. 238 (1981)

429 A.2d 1189

COMMONWEALTH of Pennsylvania, v. Gaston Wayne O'NEAL, Appellant.

Superior Court of Pennsylvania.

Filed May 15, 1981.


Attorney(s) appearing for the Case

Thomas A. Natishyn, Assistant Public Defender, Stroudsburg, for appellant.

Linda Miller, Assistant District Attorney, Stroudsburg, for Commonwealth, appellee.

Before SPAETH, CAVANAUGH, and O'KICKI, JJ.


O'KICKI, Judge:

This appeal arises from conviction and sentence of Gaston Wayne O'Neal for theft. Sentence was entered on May 3, 1979.

Three issues are present in the instant case: Does a lessee of a home have authority to consent on behalf of a house guest to a search of a bedroom used exclusively by the temporary gratuitous guest? If such a lessee has the authority, was his consent to search voluntarily given, and not the result of duress or coercion, express...

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