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COM. v. HENLEN

368 Pa.Super. 1 (1987)

533 A.2d 457

COMMONWEALTH of Pennsylvania, Appellant, v. Thomas Dean HENLEN.

Supreme Court of Pennsylvania.

Filed November 4, 1987.

Reargument Denied December 15, 1987.

Attorney(s) appearing for the Case

Kenneth K. McCann, Assistant District Attorney, Mercer, for appellant.

Robert G. Kochems, Assistant Public Defender, Mercer, for appellee.

Before ROWLEY, JOHNSON and MONTGOMERY, JJ.

ROWLEY, Judge:

This is an appeal by the Commonwealth from an order granting appellee, Thomas Henlen's, petition for a Writ of Habeas Corpus and dismissing the charges against him for a violation of the Wiretapping and Electronic Surveillance Control Act, 18 Pa.C.S. § 5703. We reverse.

The facts have been stipulated to be as follows:

1. Sometime prior to June 19, 1986, a theft of an inmate's personal property occurred at the Mercer County Jail...

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