COMMONWEALTH v. ROSE


211 Pa.Super. 295 (1967)

Commonwealth, Appellant, v. Rose.

Superior Court of Pennsylvania.

November 16, 1967.


Attorney(s) appearing for the Case

John J. Collins, Assistant District Attorney, with him Ward F. Clark, District Attorney, for Commonwealth, appellant.

Alan D. Williams, Jr., with him Williams and Glantz, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.


OPINION BY JACOBS, J., November 16, 1967:

The sole question in this case is whether an affidavit on which a search warrant was issued set forth probable cause. The court below held that it did not. We reverse.

Frank Carney Rose, the appellee, was indicted by the grand jury of Bucks County on a charge of possessing narcotics, a felony under Section 20 of The Drug, Device and Cosmetic Act of September 26, 1961, P.L. 1664, as amended, 35 P.S. § 780-20. Appellee...

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