COMMONWEALTH v. MacKAY


229 Pa.Super. 56 (1974)

Commonwealth v. MacKay, Appellant.

Superior Court of Pennsylvania.

June 21, 1974.


Attorney(s) appearing for the Case

Daniel C. Barrish, for appellant.

Stewart J. Greenleaf, Assistant District Attorney, with him William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

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


OPINION BY CERCONE, J., June 21, 1974:

This is an appeal from the denial of a motion for new trial and in arrest of judgment. The facts of the case are as follows.

On January 11, 1971, Trooper James Anderson obtained a search warrant for the person of Richard MacKay, his premises at 903 West Marshall Street, and his automobile. The warrant was issued pursuant to affidavit given by officer Anderson. The affidavit stated that officer Anderson had received information...

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