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COMMONWEALTH v. EAZER

223 Pa.Super. 501 (1973)

Commonwealth v. Eazer, Appellant.

Superior Court of Pennsylvania.

March 27, 1973.

Attorney(s) appearing for the Case

John J. Hudacsek, Jr., with him Anthony L. Lalama, and Hudacsek & Lewis, for appellant.

Joseph M. Stanichak, Assistant District Attorney, with him Joseph S. Walko, District Attorney, for Commonwealth, appellee.

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

OPINION BY HOFFMAN, J., March 27, 1973:

Appellant was tried before a jury and found guilty of being concerned in the operation of a lottery. In this appeal, he raises three contentions: First, that the information presented to the issuing magistrate did not amount to probable cause for the issuance of a search warrant; second, that even if the information was sufficient, it was too remote in time to support the issuance of a warrant approximately two months later...

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