COMMONWEALTH v. MACK


451 Pa. 319 (1973)

Commonwealth v. Mack, Appellant.

Supreme Court of Pennsylvania.

Reargued November 21, 1972.

May 4, 1973.


Attorney(s) appearing for the Case

Timothy J. Sullivan, Jr., and John J. Dean, Assistant Public Defenders, and George H. Ross, Public Defender, for appellant.

Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

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


OPINION BY MR. JUSTICE ROBERTS, May 4, 1973:

Appellant, James Mack, on September 1, 1967, was arrested and charged with possession of narcotics. No pretrial motion to suppress evidence was filed; however, at trial, the court permitted appellant's retained counsel to file an oral motion to suppress the narcotics (seized pursuant to a warrant). This motion, after an evidentiary hearing, was denied. Thereafter, on March 19, 1969...

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