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COMMONWEALTH v. McAFEE

230 Pa.Super. 336 (1974)

Commonwealth, Appellant, v. McAfee. Commonwealth, Appellant, v. Strong.

Superior Court of Pennsylvania.

September 23, 1974.

Attorney(s) appearing for the Case

William Kieser, Assistant District Attorney, with him Allen E. Ertel, District Attorney, for Commonwealth, appellant.

Peter Campana, with him John P. Campana, for appellees.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY JACOBS, J., September 23, 1974:

In these cases the Commonwealth is appealing from the order of the lower court suppressing evidence seized pursuant to the execution of a search warrant. The warrant itself was regular in form, but the affidavit supporting it was not signed by the magistrate issuing the warrant nor was his seal placed on it. We find that this defect is fatal to the warrant and therefore affirm the court below.

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