COM. v. MATHIESON


277 Pa.Super. 413 (1980)

419 A.2d 1213

COMMONWEALTH of Pennsylvania, v. John Rickie MATHIESON, Appellant.

Superior Court of Pennsylvania.

Filed April 18, 1980.


Attorney(s) appearing for the Case

Timothy L. McNickle, Grove City, for appellant.

David B. Douds, Assistant District Attorney, Mercer, for Commonwealth, appellee.

Before CERCONE, President Judge, and MONTGOMERY and LIPEZ, JJ.


LIPEZ, Judge:

Appellant was found guilty, after a non-jury trial, of three counts of burglary.1 The court below granted appellant's motion to arrest judgment on one of the counts (the evidence being insufficient), but imposed sentence on the remaining two. Since we agree that the affidavit contained in the application for the search warrant (in the execution of which incriminating...

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