Commonwealth v. Papszycki

Opinion by

Mr. Justice Roberts,

This appeal necessitates another application of Pennsylvania’s anti-wiretapping statute, Act of July 16, 1957, P. L. 956, No. 411, §1, 18 P.S. §3742 (Supp. 1970). We must decide whether, under the Act, a person other than a receiver can testify as to the contents of a telephone conversation if he overheard the call by means of an amplification device without the consent of the caller. We believe the testimony is inadmissible.

The factual background is not in dispute. At approximately ten o’clock on the evening of Saturday, July 29, 1967, Donald Palace received an…