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COMMONWEALTH v. BANCROFT

224 Pa.Super. 166 (1973)

Commonwealth v. Bancroft, Appellant.

Superior Court of Pennsylvania.

April 4, 1973.

Attorney(s) appearing for the Case

Gary Kleitman, with him Fox and Fox, for appellant.

Stewart J. Greenleaf, Assistant District Attorney, with him William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, April 4, 1973.

The six judges who heard this appeal being equally divided, the judgment of sentence is affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

Appellant contends that the lower court erred in refusing to suppress evidence seized at his home because the warrant authorizing the search was not based on facts constituting probable cause.

The affidavit1 presented to the magistrate recited that...

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