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COMMONWEALTH v. ALTIZER

213 Pa.Super. 201 (1968)

Commonwealth, Appellant, v. Altizer.

Superior Court of Pennsylvania.

September 12, 1968.

Attorney(s) appearing for the Case

Gordon Gelfond, Assistant District Attorney, with him James D. Crawford, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellant.

Louis M. Natali, Jr., Assistant Defender, with him Melvin Dildine, Assistant Defender, and Herman I. Pollock, Defender, for appellee.

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

OPINION BY SPAULDING, J., September 12, 1968:

This is an appeal by the Commonwealth from an order of the Court of Quarter Sessions of Philadelphia County granting appellee's motion for new trial based on the determination that evidence introduced by the Commonwealth was the product of an unlawful search and seizure.

On July 13, 1967, Police Officer John Kennedy was approached while on duty by a man who...

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