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COM. v. BEARD

501 Pa. 385 (1983)

461 A.2d 790

COMMONWEALTH of Pennsylvania, Appellant, v. Lynette BEARD. COMMONWEALTH of Pennsylvania, Appellant, v. Marvin JONES.

Supreme Court of Pennsylvania.

Decided June 30, 1983.

Attorney(s) appearing for the Case

Robert L. Eberhardt, Deputy Dist. Atty., Kenneth J. Benson, Asst. Dist. Atty., Pittsburgh, for appellant.

Bruce A. Carsia, Pittsburgh, for Beard.

John A. Halley, Pittsburgh, for Jones.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

OPINION OF THE COURT

ROBERTS, Chief Justice.

This is an appeal of the Commonwealth, by allowance, from an order of the Superior Court affirming an order of the Court of Common Pleas of Allegheny County which granted appellees' motion to suppress physical evidence seized from appellees' apartment pursuant to a search warrant. We disagree with the Superior Court's conclusion that the warrant was improperly executed. Hence we reverse

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