Commonwealth v. Layton

Dissenting Opinion by

Cercone, J.:

Defendant, Bobert Layton, was indicted by the grand jury on a charge of unlawful possession of a firearm after having been convicted of a crime of violence (burglary).

At trial, it was shown that on October 15, 1970 the police arrived at defendant’s home in response to a call from defendant’s wife. The defendant opened the door, saw the police, and slammed the door. The arresting officer then entered and observed defendant with a gun at his side, which in the officer’s estimation, defendant was trying to make work. After an abbreviated confrontation, the…