COM. v. BUSCH


713 A.2d 97 (1998)

COMMONWEALTH of Pennsylvania, Appellant v. Mark William BUSCH.

Superior Court of Pennsylvania.

Filed April 28, 1998.


Attorney(s) appearing for the Case

Michael Streily, Deputy Dist. Atty., Pittsburgh, for the Com.

William O. Schmalzried, Pittsburgh, for appellee.

Before DEL SOLE and FORD ELLIOTT, JJ., and CERCONE, President Judge Emeritus.


FORD ELLIOTT, Judge:

The sole issue presented in this appeal is whether the suppression court erred when it granted appellee's motion to suppress. Finding an error of law, we reverse.

Initially, we note that when reviewing the Commonwealth's appeal from the decision of the suppression court, `we must consider only the evidence of the ... [defendant's] witnesses and so much of the evidence for the prosecution as read in the context of the record as a whole...

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