Commonwealth v. Fleming
Commonwealth v. Fleming
221 Pa. Super. 481; 291 A.2d 874; 1972 Pa. Super. LEXIS 1559
Commonwealth v. Fleming
Opinion of the Court
Opinion by
In the lower court appellant timely petitioned to suppress certain evidence on the basis that such evidence was obtained pursuant to the issuance of a defective search and seizure warrant. The lower court denied this motion on the basis that the warrant was proper on its face.
In Commonwealth v. Shaw, 444 Pa. 110, 281 A. 2d 897 (1971), our Supreme Court had occasion to review the very same search warrant which is the subject of the instant case. In Shaw the Supreme Court held that the search warrant was defective. We are bound by that ruling.
Accordingly, the judgment of sentence is vacated and a new trial is ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.