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COMMONWEALTH v. CERULLA

223 Pa.Super. 24 (1972)

Commonwealth v. Cerulla, Appellant.

Superior Court of Pennsylvania.

November 16, 1972.

Attorney(s) appearing for the Case

S. Richard Klinges, III, for appellant.

Stephen B. Harris, First Assistant District Attorney, and Kenneth G. Biehn, District Attorney, for Commonwealth, appellee.

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

OPINION BY JACOBS, J., November 16, 1972:

The facts of this case are not in dispute. At approximately midnight of March 16, 1970, police entered a Bucks County apartment which was under the control of defendant Cerulla and, as expected,1 discovered a game of poker in progress. Entry to the apartment was gained by a passkey supplied by the manager of the building; the police had obtained...

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