Commonwealth v. Mathieson

LIPEZ, Judge:

Appellant was found guilty, after a non-jury trial, of three counts of burglary. 1 The court below granted appellant’s motion to arrest judgment on one of the counts (the evidence being insufficient), but imposed sentence on the remaining two. Since we agree that the affidavit contained in the application for the search warrant (in the execution of which incriminating evidence was seized from appellant’s home) did not present to the issuing authority information sufficient to justify his issuing the warrant, we need not reach appellant’s other assignment of error, viz., that the…