Commonwealth v. Saccol

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 electronic surveillance operation.

The appellee in this case was charged with three violations under § 5703 of the Act2 for unlawfully intercepting a wire…