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COM. v. BALDWIN

253 Pa.Super. 1 (1978)

384 A.2d 945

COMMONWEALTH of Pennsylvania, Appellant, v. David Harry BALDWIN. COMMONWEALTH of Pennsylvania, Appellant, v. Susan Anne NEIDIG.

Superior Court of Pennsylvania.

Decided April 13, 1978.

Attorney(s) appearing for the Case

Louise G. Herr, Assistant District Attorney, Lancaster, with her D. Richard Eckman, District Attorney, Lancaster, for Commonwealth, appellant.

Samuel M. Mecum, Lancaster, Michael Jay Minney, and Glazier, Minney, Mecum & Kohr, Lancaster, submitted a brief for appellees.

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

JACOBS, President Judge:

This Commonwealth appeal1 arises from an order of the court below suppressing evidence seized pursuant to a search warrant executed in the nighttime, and granting the defendants a new trial. The sole issue for our consideration is whether the trial court erred in its determination that no reasonable cause existed to justify the night search. For the reasons that...

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