Commonwealth v. Waters

The Commonwealth, appellant in the instant case, raises only one contention, that “the trial court erred in granting appellee’s motion for a new trial where the search held illegal by the trial court merely provided information which accelerated appellee's inevitable arrest.” The Majority reverses the lower court’s order granting a new trial and remands for sentencing. I dissent.

Appellee was arrested in Philadelphia on May 25, 1975, and charged with rape1 and burglary.2 On October 31,1975, the lower court denied appellee’s pretrial motion to suppress a post-arrest statement. A jury found…