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COM. v. REISINGER

252 Pa.Super. 1 (1977)

380 A.2d 1250

COMMONWEALTH of Pennsylvania, Appellant, v. Robert J. REISINGER.

Superior Court of Pennsylvania.

Decided December 2, 1977.

Attorney(s) appearing for the Case

Edgar B. Bayley, District Attorney, Carlisle, for Commonwealth, appellant.

Joseph E. Sikorsky with him Arthur K. Dils, Harrisburg, for appellee.

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

JACOBS, Judge:

This is an appeal from an order of the lower court granting appellee's motion for new trial and ruling that evidence seized pursuant to a search warrant should not have been admitted at appellee's trial for possession with intent to deliver a Schedule I controlled substance.1 The Commonwealth, unable to retry appellee without said evidence, is clearly entitled to bring this appeal. Commonwealth v. Bosurgi,

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