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COM. v. TUCKER

252 Pa.Super. 594 (1978)

384 A.2d 938

COMMONWEALTH of Pennsylvania, Appellant, v. Rocke S.S. TUCKER and Dean Sparling, Appellees.

Superior Court of Pennsylvania.

Decided April 13, 1978.

Attorney(s) appearing for the Case

Stephen B. Harris, First Assistant District Attorney, Warrington, for Commonwealth, appellant.

George E. Goldstein, Philadelphia, for appellees.

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

JACOBS, President Judge:

Appellees Tucker and Sparling were charged with the crimes of burglary, theft, receiving stolen property, and conspiracy. The Commonwealth here appeals the trial court's order suppressing all the evidence gained through the use of an allegedly defective search warrant.1 The sole issue before us is whether a deliberate misstatement of fact in an affidavit for a search warrant always invalidates the warrant. We hold...

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