COMMONWEALTH v. DAVIS


225 Pa.Super. 242 (1973)

Commonwealth v. Davis, Appellant.

Superior Court of Pennsylvania.

September 19, 1973.


Attorney(s) appearing for the Case

F. Lee Bailey, with him Thomas J. O'Neill, for appellant.

John G. Alford, Assistant District Attorney, with him Robert L. Eberhardt, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

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


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

This is an appeal from a judgment of sentence imposed on appellant following convictions for conspiracy to sell and possession of a narcotic drug. Appellant's sole contention is that the warrant which authorized a search of his house was not supported by probable cause as required by the Fourth Amendment to the United States Constitution. We believe that the facts presented to the issuing magistrate did not amount to probable...

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