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COMMONWEALTH v. McCANTS

220 Pa.Super. 61 (1971)

Commonwealth v. McCants, Appellant.

Superior Court of Pennsylvania.

September 30, 1971.

Attorney(s) appearing for the Case

Francis S. Wright, Assistant Defender, with him John W. Packel, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Milton M. Stein, Assistant District Attorney, with him Mark Sendrow, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, September 30, 1971:

Judgment of sentence affirmed.

DISSENTING OPINION BY SPAULDING, J.:

I respectfully dissent.

Appellant John McCants appeals from a conviction for possession of narcotic drugs by the Honorable Peter F. HAGAN of the Court of Common Pleas of Philadelphia County, sitting without a jury.

Prior to trial, appellant moved to suppress the evidence alleging it was seized pursuant to an invalid search warrant...

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