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COMMONWEALTH PENNSYLVANIA v. BENNIE DANNER (12/02/77)

December 2, 1977

COMMONWEALTH OF PENNSYLVANIA
v.
BENNIE DANNER, APPELLANT



No. 21 April Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas of Allegheny County, Criminal Division, at No. 551 April Term, 1969.

Per Curiam

The appellant in this case was the co-defendant of the appellant in Commonwealth v. Davis, 225 Pa. Superior Ct. 242, 310 A.2d 334 (1973). In that case, this court held that the lower court had erred in denying Davis' motion to suppress. The facts and issues in this case are identical with those of Davis, supra, and compel our holding that the lower court erred in denying appellant's motion to suppress.

The judgment of sentence of the lower court is reversed and appellant is granted a new trial.

VAN DER VOORT, J., did not participate in the consideration of this opinion.

19771202

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