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COMMONWEALTH v. HERNLEY

216 Pa.Super. 177 (1970)

Commonwealth, Appellant, v. Hernley.

Superior Court of Pennsylvania.

March 19, 1970.

Attorney(s) appearing for the Case

Robert F. Banks, Assistant District Attorney, with him Edward M. Bell, District Attorney, for Commonwealth, appellant.

Herman M. Rodgers, with him Rodgers, Marks and Marks, for appellees.

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

OPINION BY JACOBS, J., March 19, 1970:

This is an appeal by the Commonwealth from an order of the court below suppressing all evidence obtained under a search warrant on the grounds that the warrant was issued upon information received as a result of an unconstitutional search and seizure.1 Disposition of this case depends entirely on whether the nocturnal observation through the windows...

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