Summary
adopting and reproducing the trial court's opinion
Summary of this case from Commonwealth v. IrlandOpinion
September 11, 1961.
November 16, 1961.
Criminal Law — Obscene photographs — Camera and accessories used in taking pictures — Brief case — Forfeiture.
In a proceeding upon the petition of the district attorney seeking the forfeiture of various items of photographic equipment used in the making of obscene pictures, a brief case, and the obscene pictures, in which it appeared that it was stipulated that the seized pictures and film negatives should be confiscated and destroyed; and that the court below, holding that there is no statutory authority for the forfeiture of a camera and its accessories used for the purpose of taking obscene pictures, entered an order directing the district attorney to turn over to defendant's administrator the brief case, camera, and accessories thereto; it was Held that the order of the court below should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 325, Oct. T., 1961, from order of Court of Quarter Sessions of Berks County, No. 5103 Miscellaneous Docket, 1961, in case of Commonwealth of Pennsylvania v. William J. Schilbe. Order affirmed.
Same case in court below: 25 Pa. D. C. 2d 326.
Proceeding upon petition of Commonwealth for forfeiture and confiscation of photographic equipment, and obscene pictures. Before READINGER and BODY, JJ.
Order entered directing forfeiture only of pictures, opinion by READINGER, J. Commonwealth appealed.
Peter F. Cianci, Assistant District Attorney, with him Frederick O. Brubaker, District Attorney, for Commonwealth, appellant.
No argument was made nor brief submitted for appellee.
Argued September 11, 1961.
The order of the Court of Quarter Sessions of Berks County is affirmed on the opinion of Judge ALBERT S. READINGER for the court below, reported at 25 Pa. D. C. 2d 326.