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COM. v. BANKS

250 Pa.Super. 280 (1977)

378 A.2d 936

COMMONWEALTH of Pennsylvania, Appellant, v. Manly BANKS and Barbara Greer.

Superior Court of Pennsylvania.

Decided October 6, 1977.

Attorney(s) appearing for the Case

Robert L. Eberhardt, Charles W. Johns, and Louis R. Paulick, Assistant District Attorneys, Pittsburgh, for Commonwealth, appellant.

Bruce A. Carsia and John J. Cohen, Pittsburgh, for appellees.

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

VAN der VOORT, Judge:

The instant appeal has been taken by the Commonwealth from an Order granting a defense motion to suppress all physical evidence obtained for use against the appellees in criminal proceedings.1 After a thorough review, we find the arguments raised by the Commonwealth to be meritorious and reverse the Order of the lower court.

The record shows that on September 21, 1975, at approximately 3:30 a.m., an officer...

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