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COM. ex rel. CABEY v. RUNDLE

432 Pa. 466 (1968)

Commonwealth ex rel. Cabey, Appellant, v. Rundle.

Supreme Court of Pennsylvania.

November 27, 1968.

Attorney(s) appearing for the Case

Sara Duffy, for appellant.

Welsh S. White, Assistant District Attorney, with him Michael J. Rotko, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE EAGEN, November 27, 1968:

Appellant was indicted on charges of aggravated robbery, burglary, conspiracy, and committing a crime of violence when armed. Appellant's first two trials resulted in hung juries. At the third trial, appellant's gun was admitted into evidence over objection that it was the product of an unlawful search and seizure.1 Appellant was found guilty on all charges, and the Superior Court affirmed...

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