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COMMONWEALTH v. BOZZI (07/21/55)

July 21, 1955

COMMONWEALTH
v.
BOZZI, APPELLANT.



Appeal, No. 127, Oct. T., 1955, from judgment of Court of Quarter Sessions of Philadelphia County, April T., 1954, No. 970, in case of Commonwealth of Pennsylvania v. James Bozzi. Judgment affirmed.

COUNSEL

D. J. Goldberg, with him Garfield W. Levy and

Levy & Oliensis, for appellant.

Victor Wright, Assistant District Attorney, with him Samuel Dash, First Assistant District Attorney and Richardson Dilworth, District Attorney, for appellee.

Before Rhodes, P.j., Ross, Gunther, Wright, Woodside and Ervin, JJ. (hirt, J., absent).

Author: Wright

[ 178 Pa. Super. Page 226]

OPINION BY WRIGHT, J.

James F. Bozzi was arrested on April 15, 1954, by officers of the Narcotics Squad of the Police Department of the City of Philadelphia, and charged with the unlawful possession of narcotic drugs. In Bozzi's bedroom the officers discovered a small coin machine, for which Bozzi produced the key, containing eight packages of white powder, eighty capsules filled with white powder, and two boxes of empty capsules. Bozzi admitted that "it was his stuff". Chemical analysis revealed that the powder contained a mixture of milk sugar and heroin hydrochloride, an opium derivative. The concentration of heroin was over one-eighth of a grain per ounce, the total amount (roughly six ounces) representing a comparatively large seizure. On April 16, 1954, after a preliminary hearing, Bozzi was held for appearance at the next term of Court. On April 23, 1954, he was indicted by the April Grand Jury on bill No. 970, charging unlawful and felonious possession of drugs with an additional averment of previous conviction.

[ 178 Pa. Super. Page 227]

On May 14, 1954, a motion to quash was filed on the ground that the indictment was returned at an improper term. On June 2, 1954, by amendment, an allegation was added to said motion that it had been impossible for Bozzi to challenge the array and that, if he "were permitted an opportunity, he would file a challenge to the array of the Grand Jury which is to indict him on the ground that the selection of said jurors discriminates against the segment of the population of Philadelphia, to wit: citizens from the first fifteen wards, in one of which the defendant resides". On June 9, 1954, the motion to quash was overruled by Judge ALESSANDRONI. After a trial before Judge DAVIS on August 17, 18, and 19, 1954, the jury returned a verdict of guilty. On October 20, 1954, Bozzi was sentenced to pay a fine of $2000.00, and to serve not less than five years nor more than ten years in the Philadelphia County Prison. This appeal followed.

Appellant first contends that the lower Court erred in not quashing the indictment. At the trial, in renewing the motion to quash, appellant's counsel stated his objection to be "that the Grand Jury, and nearly all of the petit jurors that sit in the courts in Philadelphia County, are comprised of jurors not from the first fourteen Wards of the City of Philadelphia. Since this defendant is a resident of one of these wards, we desire the right to examine the Jury Commissioners as to the method of selecting jurors and why there should be what seems to be more than a coincidence". As stated in the brief for appellee, appellant was merely seeking "a license to go on a fishing expedition". We approve the following language from Judge ALESSANDRONI'S OPINION: "The provisions of the Act of May 10, 1949, P.L. 1066, 17 PS 1251 (establishing a mode of selecting and drawing jurors for counties of the first class), afford no such right to a defendant. In the absence of

[ 178 Pa. Super. Page 228]

    a showing that the Grand Jury was not chosen in conformity with the provisions of the Act, the motion must fail... The contention that a defendant is prejudiced when a grand or petit jury list fails to disclose the name of a juror residing in his neighborhood, or a ...


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