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COM. v. DOTY

345 Pa.Super. 374 (1985)

498 A.2d 870

COMMONWEALTH of Pennsylvania v. Donna DOTY, Appellant. COMMONWEALTH of Pennsylvania v. Gary KIRKWOOD, Appellant.

Supreme Court of Pennsylvania.

Filed August 16, 1985.

Reargument Denied October 8, 1985.

Attorney(s) appearing for the Case

Marshall E. Anders, Stroudsburg, for appellant (at No. 1301).

William P. Carlucci, Assistant District Attorney, Williamsport, for Commonwealth, appellee.

Alan Ellis, Philadelphia, for appellant (at No. 1312).

Before WIEAND, DEL SOLE and POPOVICH, JJ.

WIEAND, Judge:

Donna Doty and Gary Kirkwood were tried nonjury and were convicted of criminal conspiracy and possession with intent to deliver hashish and marijuana. At trial, the Commonwealth relied upon incriminating evidence acquired by placing a tap on the telephone serving the residence of Gary and Linda Kirkwood. On direct appeal, the principal argument made by Doty and Kirkwood is that the Pennsylvania Wiretapping and Electronic Surveillance Control Act of...

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