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COMMONWEALTH v. GORODETSKY (07/21/55)

July 21, 1955

COMMONWEALTH
v.
GORODETSKY, APPELLANT.



Appeal, No. 109, Oct. T., 1955, from judgment of Court of Quarter Sessions of Delaware County, June T., 1954, No. 419, in case of Commonwealth of Pennsylvania v. Isadore Gorodetsky. Judgment affirmed.

COUNSEL

Stephen J. McEwen, with him Charles F. Moyer and John J. McCreesh, Jr., for appellant.

Basil C. Clare, Assistant District Attorney, with him Raymond R. Start, District Attorney, and Joseph E. Pappano, First Assistant District Attorney, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Rhodes

[ 178 Pa. Super. Page 469]

OPINION BY RHODES, P.J.

This is an appeal by defendant who was convicted and sentenced on a bill of indictment charging him with possessing and selling, delivering, or giving away narcotic drugs in violation of the Act of July 11, 1917, P.L. 758, as amended, 35 PS § 851 et seq.

The court below, having dismissed defendant's motions in arrest of judgment and for a new trial, sentenced defendant to pay a fine of $500, and to undergo

[ 178 Pa. Super. Page 470]

    imprisonment in the Delaware County Prison for a minimum period of two years and a maximum period of two years and one day. See section 12 of the Act of July 11, 1917, P.L. 758, as last amended by the Act of June 19, 1953, P.L. 290, § 1, 35 PS § 865. Section 1 of the Act of July 11, 1917, P.L. 758, as amended, 35 PS § 851, provides in part as follows: "Except as limited in section two of this act, the word 'drug,' as used in this act, shall be construed to include: (a) Opium; or (b) cocoa leaves; or (c) marihuana; (d) any compound or derivative of opium, cocoa leaves, or marihuana; or (e) any substance or preparation containing opium, cocoa leaves, or marihuana;..."

Section 2 of the Act of 1917, as amended, 35 PS § 852, states: "The word 'drug' shall not be construed to include - (1) preparations and remedies and compounds which do not contain... more than one-fourth of a grain of morphine,... if a solid or semi-solid, in one avoirdupois ounce;..."

It is provided in section 4 of the Act of 1917, as amended, 35 PS § 854, that "No person shall have in his possession or under his control, or deal in, dispense, sell, deliver, distribute, prescribe, traffic in, or give away any of said drugs."

The evidence clearly and definitely establishes that defendant possessed and sold, delivered or trafficked in morphine in violation of section 4 of the Act of 1917, as amended, 35 PS § 854, and that he did not come within any of the exceptions provided in this section. Defendant was a bartender at the Green Lantern Inn, 523 Baltimore Avenue, East Lansdowne, Delaware County. There had been complaints to the police about certain activities at this place. Defendant had received morphine tablets or pills from one ...


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