Commonwealth v. Thorne

Opinion by

Hoffman, J.,

The Commonwealth, appellant in this case, conceded in oral argument before this court that the inad*124missibility of the suppressed evidence would not substantially handicap the prosecution of this case. An examination of the suppression hearing record indicates that this is true. In light of Commonwealth v. Bosurgi, 411 Pa. 56, 63, 190 A. 2d 304 (1963) and Commonwealth v. Pomponi, 436 Pa. 565, 568, 259 A. 2d 872 (1970), such an admission requires that this appeal be quashed without determining the validity of the search.