COM. v. LINCH


268 Pa.Super. 559 (1979)

408 A.2d 1144

COMMONWEALTH of Pennsylvania v. Malcolm LINCH, Appellant.

Superior Court of Pennsylvania.

Filed August 23, 1979.


Attorney(s) appearing for the Case

Daniel W. Shoemaker, York, for appellant.

John C. Uhler, District Attorney, York, for Commonwealth, appellee.

Before VAN der VOORT, WATKINS and LIPEZ, JJ.


VAN der VOORT, Judge:

This is an appeal from a conviction and sentencing for unlawful possession of drugs with intent to deliver.

The controlling question is whether the evidence used to sustain the conviction should have been suppressed.

The defendant filed a pre-trial application to suppress the evidence procured, as defendant claimed, in "an unlawful and unconstitutional search" of defendant's premises. The Court took testimony which developed these...

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