Commonwealth v. Marsolino Coal & Coke Inc.

FRANKS, J.,

This matter is presently before the court on defendant’s omnibus pre-trial motion whereby defendant seeks to suppress certain evidence and to quash the information. Defendant’s motions under Pa.R.Crim.P. 323 are predicated on a claim that the destruction of this evidence deprived it of the use of potentially exculpatory evidence in violation of due process rights as guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution.*

After a consideration of the evidence before us, we make the following

FINDINGS OF FACT

1. James E. Ansell, Waterways Patrolman for the…