COM. v. ROSARIO


320 Pa.Super. 215 (1983)

467 A.2d 5

COMMONWEALTH of Pennsylvania v. Ignacio C. ROSARIO, Appellant.

Supreme Court of Pennsylvania.

Filed October 14, 1983.


Attorney(s) appearing for the Case

Richard J. Makoul, Allentown, for appellant.

Jane Roach, Assistant District Attorney, Allentown, for Commonwealth, appellee.

Before SPAETH, CAVANAUGH and MONTEMURO, JJ.


SPAETH, Judge:

This is an appeal from a judgment of sentence for possession of a controlled substance and possession with intent to deliver a controlled substance. Appellant argues that he is entitled to a new trial because the search warrant under which the controlled substance in question was seized was invalid. We agree, and therefore reverse and remand for a new trial.

On October 15, 1979, a warrant was obtained to search appellant's residence. The affidavit...

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