Commonwealth v. Lee

Opinion by

Cercone, J.,

Defendant contends in this appeal that his conviction under the Uniform Firearms Act1 was improper since the Commonwealth did not prove that the gun involved was operable or could be made operable by the exercise . of reasonable repairs. For support of this contention defendant relies on this writer’s dissenting opinion in Com. v. Layton, 220 Pa. Superior Ct. 435 (1972) (Hoffman and Spaulding, JJ., join), alloca-tur granted. Although defendant correctly sets forth the argued-for rule of operability presented in the Lay-ton dissent, that rule, even if controlling, would…