COM. v. BRANT, 531 Pa. 318 (1992)

612 A.2d 982

COMMONWEALTH of Pennsylvania, Appellee v. Homer Delbert BRANT, Appellant.

Supreme Court of Pennsylvania, Western District.Argued: March 13, 1992.
Decided: September 16, 1992. Petition for Reconsideration or Reargument Denied November 16, 1992.

Appeal No. 33 W.D. Appeal Docket 1991 from the Order of the Superior Court; John M. Cascio, Judge, at No. 1255 PGH 1989, dated May 17, 1990, reversing and remanding the Order of Suppression entered by the Court of Common Pleas of

Page 319

Somerset County, Criminal Division, at No. 120 Cr. 1989, dated July 14, 1989.

Matthew G. Melvin, Patrick P. Svonavec, Barbera Barbera, Somerset, Pa., for appellant.

David J. Flower, Dist. Atty., Carolann A. Young, Asst. Dist. Atty., Somerset, Pa., for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

ORDER
PER CURIAM.

The Appeal in the above-captioned case is hereby dismissed as having been improvidently granted.

McDERMOTT, J., did not participate in the decision of this case.

LARSEN and ZAPPALA, JJ., note a dissent and would address the merits of the case.