COMMONWEALTH v. BRANDT


244 Pa.Super. 154 (1976)

366 A.2d 1238

COMMONWEALTH of Pennsylvania, Appellant, v. John W. BRANDT, Appellee.

Superior Court of Pennsylvania.

Decided December 15, 1976.


Attorney(s) appearing for the Case

John J. Hickton, Dist. Atty., Charles W. Johns, Asst. Dist. Atty., Pittsburgh, for appellant.

Alan L. Carb, Pittsburgh, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


CERCONE, Judge:

This is an appeal by the Commonwealth from an order of the Court of Common Pleas of Allegheny County granting defendant-appellee's motion to suppress physical evidence.

Initially, we determine that the Commonwealth has the right of appeal from this order. It is clear that the Commonwealth has no other evidence against the appellee and, if the suppression order is upheld, the prosecution will necessarily terminate. Our Supreme Court has consistently...

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