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COMMONWEALTH v. SIMMONS

No. 940.

26 Pa. D. & C. 2d 120 (1961)

Commonwealth v. Simmons

Common Pleas Court of Philadelphia County, Pennsylvania.

December 4, 1961.

Attorney(s) appearing for the Case

Benjamin Paul, for Commonwealth.

Garfield W. Levy, for defendant.

CHUDOFF, J., December 4, 1961.

As a result of the now celebrated decision in Mapp v. Ohio,* decided on June 19, 1961, this court has before it a motion to suppress the evidence and a demurrer by defendant to the bill of indictment charging him with setting up and maintaining an illegal lottery.

In the Mapp case, supra, the Supreme Court of the United States held that "All evidence obtained by searches and seizures in violation...

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