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COM. v. MARTZ

259 Pa.Super. 201 (1978)

393 A.2d 787

COMMONWEALTH of Pennsylvania, Appellant, v. Ralph A. MARTZ, Appellee.

Superior Court of Pennsylvania.

Decided October 20, 1978.

Attorney(s) appearing for the Case

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

Lynn Erickson Stock, Reading, for appellee.

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

SPAETH, Judge:1

Appellant was charged with criminal mischief. The lower court granted his motion to suppress certain evidence on the basis that the search warrant had been improperly issued. The Commonwealth filed this appeal.

It is settled that the Commonwealth may only appeal from a pretrial suppression order if the question raised by the order is a pure question of law,...

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