Legal Opinion

Commonwealth v. Schwartz

Superior Court of Pennsylvania

Decided October 16, 1923No. Appeal, 22PublishedCited by 48 opinions

The evidence secured by the illegal search could not be used against the defendant: Weeks v. United States, 323 U. S. 383; 34 Superior Ct. Rep. 341; Com. v. Vigliotti, 75 Pa. Superior Ct. 378; Boyd v. United States, 116 U. S. 616; Silverthorne Lumber Co. v. United States, 251 U. S. 385; Youman v. Com., 224 S. W. 860.

1Opinion of the Court

Opinion by

Keller, J.,

Appellant is the proprietor of a hotel or rooming house in Titusville, Pa. He was convicted of the unlawful possession of intoxicating liquors for beverage purposes contrary to the Act of March 27, 1923, P. L. 34. He seeks a reversal of the judgment of sentence on the ground that the search warrant, by virtue of which the liquors offered and received in evidence against him were obtained, was illegally issued and was so defective in form and substance as to furnish no1 justification for the search of his premises; that the seizure thereunder was, therefore, illegal and…

2Cases cited47 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Weeks v. United StatesSupreme Court of the United States · 1914
  3. Gouled v. United StatesSupreme Court of the United States · 1921
  4. Burdeau v. McDowellSupreme Court of the United States · 1921
  5. Adams v. New YorkSupreme Court of the United States · 1904

42 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Wallace v. StateIndiana Supreme Court · 1927
  2. Commonwealth v. ChaittSupreme Court of Pennsylvania · 1955
  3. Commonwealth v. SmyserSuperior Court of Pennsylvania · 1965
  4. Commonwealth v. DuganSuperior Court of Pennsylvania · 1940
  5. Commonwealth v. HunsingerSuperior Court of Pennsylvania · 1926

43 more not listed; retrieve them via the Exa API.

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