COMMONWEALTH v. DeJESUS


226 Pa.Super. 79 (1973)

Commonwealth, Appellant, v. DeJesus.

Superior Court of Pennsylvania.

September 19, 1973.


Attorney(s) appearing for the Case

Robert S. Gawthrop, III, Assistant District Attorney, with him William H. Lamb, District Attorney, for Commonwealth, appellant.

John R. Merrick, Public Defender, for appellee.

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


OPINION BY WATKINS, J., September 19, 1973:

This is an appeal from the order of the Court of Common Pleas, Criminal Division, of Chester County suppressing the evidence after an indictment of the defendant-appellee, Enrique DeJesus, for violation of the Uniform Firearms Act. The Commonwealth cannot prove a case without the suppressed evidence and this appeal by the Commonwealth followed.

The facts are as follows: On September 23, 1972, at approximately 12...

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