Commonwealth v. Swierczewski

Opinion by

Spaulding, J.,

At a jury trial in September 1967 appellant Stanley Swierezewski was convicted of establishing a gambling place, traffic in lottery tickets, bookmaking and being concerned in a lottery. Appellant was arrested in February 1967 following a search of his residence and seizure of evidence subsequently used at his trial. Appellant filed a timely motion to suppress the seized evidence and for return of property which was dismissed by the court below.

The primary question presented is whether the affidavit in support of the search warrant used to seize the evidence at…