Commonwealth v. Boyd

LYON, J.,

Defendant stands accused of having violated the Uniform Firearms Act of June 24, 1934, P. L. 872, as amended. In this proceeding, he seeks to suppress as evidence the gun found in his automobile as the result of a search conducted by State Police Officer Howard E. Funk.

The failure to answer an allegation in a pretrial application for relief “shall be deemed an admission of the well pleaded facts averred in the application”: Pa. R. Crim. P. 308. But the rule is not selfexecuting. The undenied, well-pleaded facts are not deemed to be judicial admissions until they are offered and…