COMMONWEALTH v. McCANTS


450 Pa. 245 (1973)

Commonwealth v. McCants, Appellant.

Supreme Court of Pennsylvania.

January 19, 1973.


Attorney(s) appearing for the Case

Francis S. Wright, Assistant Defender, with him Vincent J. Ziccardi, Defender, for appellant.

David Richman, 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 JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION BY MR. JUSTICE MANDERINO, January 19, 1973:

The appellant, John McCants, was arrested after marijuana and heroin were discovered during the search of a vacant second-floor front apartment of a multi-dwelling unit where he resided. The search was conducted pursuant to a fifteen-day-old warrant. Although the apartment was vacant and the appellant claimed he lived in the second-floor rear apartment with his mother, the arresting officer had observed the appellant...

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