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COM. v. GOLDEN

277 Pa.Super. 180 (1980)

419 A.2d 721

COMMONWEALTH of Pennsylvania v. Gary GOLDEN, Appellant.

Superior Court of Pennsylvania.

Filed April 25, 1980.

Petition for Allowance of Appeal Denied December 1, 1980.

Attorney(s) appearing for the Case

Thomas R. Ceraso, Greensburg, for appellant.

John F. Dent, Assistant District Attorney, Greensburg, for Commonwealth, appellee.

Before SPAETH, HOFFMAN and VAN der VOORT, JJ.

SPAETH, Judge:

A jury convicted appellant of possessing a controlled substance-marihuana-with the intent to deliver.1 Post-verdict motions were denied and appellant was sentenced to pay a fine of $3,000 and to undergo imprisonment for eleven and one half to twenty-three months. The issue on this appeal is whether the marihuana should have been suppressed because of an improper execution of a search warrant by the police.

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