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COMMONWEALTH v. HOWE

246 Pa.Super. 7 (1977)

369 A.2d 783

COMMONWEALTH of Pennsylvania, Appellant, v. Milton G. HOWE.

Superior Court of Pennsylvania.

Decided February 18, 1977.

Attorney(s) appearing for the Case

Charles M. Guthrie, Jr., Assistant District Attorney, Reading, for appellant.

Charles A. Haddad, Reading, for appellee.

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

PRICE, Judge:

On May 13, 1976, the lower court issued an order against the Commonwealth suppressing a statement given by appellee to the police. The Commonwealth has appealed, as is its right. Commonwealth v. Deren, 233 Pa.Super. 373, 337 A.2d 600 (1975).

At 1:30 a.m. on February 26, 1976, Patrolman Byron C. Burns of the Spring Township Police Department responded

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