Opinion
March 21, 1972.
June 16, 1972.
Criminal Law — Search and seizure — Defective warrant — Holding of Supreme Court in another case on same warrant which was subject of the instant case.
Commonwealth v. Fleming, 221 Pa. Super. 481, followed.
WATKINS, J., dissented.
Submitted March 21, 1972.
Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.
Appeal, No. 444, Oct. T., 1970, from judgment of sentence of Court of Common Pleas of Susquehanna County, Jan. T., 1969, No. 32, in case of Commonwealth of Pennsylvania v. Peter Fleischman. Judgment of sentence vacated, and a new trial ordered.
Indictment charging defendant with illegal possession of narcotic drugs. Before O'MALLEY, P.J.
Verdict of guilty and judgment of sentence entered thereon. Defendant appealed.
George E. Goldstein and Robert M. Rosenblum, for appellant.
Edward P. Little, Jr., District Attorney, for Commonwealth, appellee.
Appellant was a co-defendant of Paul Fleming whose case was decided by this Court this even date. See Commonwealth v. Fleming, 221 Pa. Super. 481, 291 A.2d 874 (1972).
Appellant took the same position as did Fleming with respect to the suppression of evidence against him at trial, and he is likewise entitled to a new trial under the authority of Commonwealth v. Shaw, 444 Pa. 110, 281 A.2d 897 (1971).
The judgment of sentence is vacated and a new trial is ordered.
WATKINS, J., dissents.