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COMMONWEALTH v. LINDE

448 Pa. 230 (1972)

Commonwealth v. Linde, Appellant.

Supreme Court of Pennsylvania.

June 28, 1972.

Attorney(s) appearing for the Case

Bernard S. Shire, with him Shire, Bergstein and Bialon, for appellant.

Henry A. Martin, Assistant District Attorney, with him John N. Scales, District Attorney, for Commonwealth, appellee.

Before EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE EAGEN, June 28, 1972:

This is a direct appeal from the judgment of sentence of life imprisonment imposed on Elmer Carl Linde following his conviction by a jury of murder in the first degree.1 We conclude the judgment must be set aside because of the use at trial of evidence which had been obtained by an unlawful search and seizure.

The essential facts are these:

Linde and Ruth Nolan became romantically...

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