COMMONWEALTH v. MONTANERO


173 Pa.Super. 133 (1953)

Commonwealth, Appellant, v. Montanero.

Superior Court of Pennsylvania.

April 14, 1953.


Attorney(s) appearing for the Case

Samuel Dash, Assistant District Attorney, with him Michael von Moschzisker, First Assistant District Attorney, and Richardson Dilworth, District Attorney, for appellant.

George T. Guarnieri, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS and WRIGHT, JJ. (GUNTHER, J., absent).


OPINION BY RENO, J., April 14, 1953:

Appellee was arrested on a warrant charging a violation of The Penal Code of June 24, 1939, P.L. 872, § 607, 18 P.S. § 4607, which defines pool-selling and book-making. His premises were searched under a concededly defective search warrant and an Armstrong racing sheet "and four torn sheets of paper bearing pencil markings thereon" were seized. Appellee was arraigned before a magistrate and entered bail for appearance...

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