COM. v. DAVIS


407 Pa.Super. 415 (1991)

595 A.2d 1216

COMMONWEALTH of Pennsylvania, Appellant, v. James Kevin DAVIS, Appellee.

Superior Court of Pennsylvania.

Filed August 2, 1991.


Attorney(s) appearing for the Case

Joseph J. Mittleman, Asst. Dist. Atty., Media, for Com.

Thomas P. Lomax, West Chester, for appellee.

Before KELLY, POPOVICH and HOFFMAN, JJ.


POPOVICH, Judge:

The Commonwealth appeals the order of the Court of Common Pleas of Delaware County granting the motion to suppress of the defendant/appellee, James Kevin Davis.1 We reverse.

In reviewing the grant of a motion to suppress, "we, as an appellate court, must consider only the evidence of the defendant's witnesses, and only so much of the evidence presented by the prosecution as remains uncontradicted by the record...

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