Commonwealth v. DeJesus

Opinion by

Watkins, J.,

This is an appeal from the order of the Court of Common Pleas, Criminal Division, of Chester County suppressing the evidence after an indictment of the defendant-appellee, Enrique DeJesus, for violation of the Uniform Firearms Act. The Commonwealth cannot prove a case without the suppressed evidence and this appeal by the Commonwealth followed.

The facts are as follows: On September 23, 1972, at approximately 12 midnight, the Chief of Police of Avon-dale Borough was on patrol when he was approached at a gasoline station lot by a car occupied by young people. The spokesman…