Com. v. Moore

Full title: COMMONWEALTH of Pennsylvania v. Albert MOORE, Appellant

Court: Superior Court of Pennsylvania

Date published: Apr 13, 1978

385 A.2d 1002 (Pa. Super. Ct. 1978)

385 A.2d 1002

Opinion

Argued November 18, 1977.

Decided April 13, 1978.

Appeal from the Court of Common Pleas, Criminal Division, of Allegheny County, at Nos. CC 7604443 CC 7604445; McGowan, J.

G. William Bills, Jr., Pittsburgh, for appellant.

Robert L. Eberhardt, Assistant District Attorney, Pittsburgh, with him Robert E. Colville, District Attorney, Pittsburgh, for Commonwealth, appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

PER CURIAM:

Judgment of sentence affirmed.

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.