COMMONWEALTH v. SMITH


225 Pa.Super. 509 (1973)

Commonwealth, Appellant, v. Smith

Superior Court of Pennsylvania.

November 16, 1973.


Attorney(s) appearing for the Case

Michael E. Riskin, Assistant District Attorney, with him Charles H. Spaziani, District Attorney, for Commonwealth, appellant.

Joseph M. Reibman, with him Reibman and Reibman, for appellee.

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


OPINION BY JACOBS, J., November 16, 1973:

The Commonwealth appeals from the lower court's suppression of evidence. We find that the Commonwealth has not met its burden of establishing the admissibility of this evidence, and thus affirm.

A review of the record discloses the following facts: At approximately 1:10 p.m. on April 28, 1972, a trooper of the Pennsylvania State Police noticed while on patrol that...

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