COM. v. CLARK


349 Pa.Super. 255 (1985)

502 A.2d 1375

COMMONWEALTH of Pennsylvania, Appellant v. Sherman Ross CLARK.

Supreme Court of Pennsylvania.

Decided November 1, 1985.

Reargument Denied January 13, 1986.


Attorney(s) appearing for the Case

Frank J. Scutella, Assistant District Attorney, Erie, for Commonwealth, appellant.

John Garhart, Erie, for appellee.

Before DEL SOLE, HESTER and FEENEY, JJ.


DEL SOLE, Judge:

This case involves an appeal by the Commonwealth from a pretrial order which suppressed the electronically recorded statements of Appellee, Sherman Clark. The Commonwealth sought to introduce conversations made between Sherman Clark, and Commonwealth informant, Richard McCullough. The trial court suppressed the recordings, reasoning that McCullough had not given his voluntary consent to the monitoring of his conversations. Also suppressed were the...

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