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COM. v. SACCOL

384 Pa.Super. 161 (1989)

557 A.2d 1095

COMMONWEALTH of Pennsylvania v. Luigi Anthony SACCOL, a/k/a Louis Saccol, a/k/a Louie Saccol.

Supreme Court of Pennsylvania.

Filed April 21, 1989.

Attorney(s) appearing for the Case

James B. Yelovich, District Attorney, Somerset, for Com.

Michael L. Stibich, Somerset, for appellee.

Before MELINSON, WATKINS and CERCONE, JJ.

CERCONE, Judge:

This is an appeal by the Commonwealth from the lower court's order granting a new trial for defendant/appellee. The issue to be decided is whether, in a prosecution under the Wiretapping and Electronic Surveillance Control Act (hereinafter "the Act"),1 the Commonwealth or the defendant has the burden to prove the presence or lack of authority or consent to intercept and disclose information derived from a wiretapping or...

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