COM. v. McGINN


251 Pa.Super. 170 (1977)

380 A.2d 431

COMMONWEALTH of Pennsylvania, Appellant, v. Thomas McGINN, Appellee.

Superior Court of Pennsylvania.

Decided December 2, 1977.


Attorney(s) appearing for the Case

Vram Nedurian, Jr., Assistant District Attorney, Media, with him Ralph B. D'Iorio, Assistant District Attorney, Media, for the Commonwealth, appellant.

John Rogers Carroll, Philadelphia, for appellee.

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


PRICE, Judge:

On August 6, 1975, Pennsylvania State Police officers conducted a search of appellee's residence pursuant to a search warrant. The search uncovered various pool selling and bookmaking paraphernalia, and, as a result, appellant was indicted for violations of 18 Pa.C.S. § 5514.

Appellee filed a motion to suppress the seized evidence, alleging, inter alia, that the warrant was not applied for, issued, and executed in conformity with...

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