Commonwealth v. Whitaker

OPINION OF THE COURT

FLAHERTY, Justice.

On May 20, 1983, in a trial by jury in the Court of Common Pleas of Lycoming County, the appellant, Matthew Whitaker, was found guilty of bookmaking and conspiracy to commit bookmaking. See 18 Pa.C.S. § 5514 (bookmaking); 18 Pa.C.S. § 903 (conspiracy). A sentence of one to four years imprisonment was imposed. An appeal was taken to the Superior Court, and, in a memorandum opinion and per curiam order, the judgment of sentence was affirmed, 350 Pa.Super. 636, 503 A.2d 459. The present appeal ensued.

At trial, various telephone communications of appellant…