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BETRAND APPEAL

222 Pa.Super. 67 (1972)

Betrand Appeal.

Superior Court of Pennsylvania.

June 15, 1972.

Attorney(s) appearing for the Case

Stuart H. Schuman, Assistant Defender, with him Thomas C. Carroll, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

James T. Ranney, Assistant District Attorney, with him Milton M. Stein, 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, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.

OPINION PER CURIAM, June 15, 1972:

Judgment of sentence affirmed.

DISSENTING OPINION BY PACKEL, J.:

The promotion of freedom of the people by the prohibition of the use of evidence obtained by unconstitutional police action is the essence of the exclusionary rule. If the application of the rule results at times in the avoidance of the conviction of an adult in order to safeguard constitutional rights of the public, there is just as much reason for...

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