Commonwealth v. Smyser

Opinion by

Ervin, P. J.,

The Commonwealth appeals from the order of the Court of Quarter Sessions of Bucks County ordering that property and evidence obtained during a search of defendant Michele Reis’ rented room on May 31, 1963, be excluded from evidence at any hearing or trial involving defendant Reis or the co-defendant Frances Smyser. Such an appeal is properly made at this time: Com. v. Bosurgi, 411 Pa. 56, 190 A. 2d 304.

The goods in question include some peyote buttons (a dangerous drug under The Drug, Device and Cosmetic Act of September 26, 1961, P. L. 1664, 35 PS §780-2(h)), a pipe…