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COM. v. McFADDEN

427 Pa.Super. 45 (1993)

628 A.2d 420

COMMONWEALTH of Pennsylvania, Appellant, v. Andrew McFADDEN.

Superior Court of Pennsylvania.

Filed July 2, 1993.

Attorney(s) appearing for the Case

Hugh J. Burns, Jr., Asst. Dist. Atty., Philadelphia, for the Com. appellant.

Paul M. George, Asst. Public Defender, Philadelphia, for appellee.

Before CAVANAUGH, WIEAND, McEWEN, CIRILLO, DEL SOLE, BECK, TAMILIA, JOHNSON and HUDOCK, JJ.

CIRILLO, Judge:

This is an appeal by the Commonwealth from a pre-trial order by the Court of Common Pleas suppressing the introduction of a loaded, nine millimeter handgun as evidence against Andrew McFadden.1 We reverse.

Two police officers in a marked patrol car in Philadelphia approached McFadden. McFadden fled, the officers pursued him and McFadden discarded a handgun in...

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