COMMONWEALTH v. SMITH


201 Pa.Super. 511 (1963)

Commonwealth, Appellant, v. Smith.

Superior Court of Pennsylvania.

September 12, 1963.


Attorney(s) appearing for the Case

Charles Jay Bogdanoff, Assistant District Attorney, with him Arlen Specter, Assistant District Attorney, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellant.

David H. Kubert, for appellees.

Before RHODES, P.J., WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (ERVIN, J., absent).


OPINION BY RHODES, P.J., September 12, 1963:

This is an appeal by the Commonwealth from an order of the Court of Quarter Sessions of Philadelphia County at Nos. 25 and 26, September Sessions, 1962, granting the pre-trial petition of defendants, Peter A. Smith and Alan Bass, to suppress evidence which consisted of marijuana found on the person and in the apartment of Smith on August 1, 1962.

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