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COMMONWEALTH PENNSYLVANIA v. MICHAEL MCANALLY (12/12/80)

December 12, 1980

COMMONWEALTH OF PENNSYLVANIA, APPELLANT
v.
MICHAEL MCANALLY



No. 2164 October Term, 1977, Appeal from an Order of the Court of Common Pleas of Philadelphia County, Criminal Division, Nos. 77-00-3996 & 7701-3573.

Before Hester, Wickersham and Lipez, JJ. Wickersham, J. files a Dissenting Statement.

Per Curiam:

Order Affirmed.

WICKERSHAM, J. files a Dissenting Statement.

WICKERSHAM, J.

I would find under the facts of this case that the property sought was contraband per se, the mere possession of which constitutes a crime. I would find that the lower court erred in ordering the return of the subject motor vehicle with altered and missing serial numbers. I would reverse.

19801212

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