Commonwealth v. Vaughn

CULLEN, Commissioner.

Upon the trial of Cecil Vaughn for carrying a concealed deadly weapon, the court ruled that evidence as to a weapon having been found concealed upon his person, by two police officers who had arrested him for drunken driving, was not admissible because the arrest was unlawful. There being no other evidence of guilt, the court directed the jury to return a verdict of not guilty. The Commonwealth has appealed, seeking a certification of the law.

Prior to his trial on the concealed weapon charge, Vaughn had been tried on the drunken driving charge, and acquitted. Under the…