Superior Court of Pennsylvania, 1978

Commonwealth v. Moore

Superior Court of Pennsylvania · Decided April 13, 1978 · Cercone, Consideration, Former, Hoffman, Jacobs, Price, Spaeth, Voort, Watkins

254 Pa. Super. 247; 385 A.2d 1002; 1978 Pa. Super. LEXIS 2598

Dissenting Opinion

HOFFMAN, J.,

dissents on the grounds that the information contained in the search warrant was stale. See Commonwealth v. Shaw, 444 Pa. 110, 281 A.2d 897 (1971).

SPAETH, J.,

dissents. The warrant was tainted by a material misstatement of fact. See Commonwealth v. Smith, 250 Pa.Super. 436, 378 A.2d 1015 (1977).

WATKINS, former P. J., did not participate in the consideration or decision of this case.

PER CURIAM:

Judgment of sentence affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.