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COMMONWEALTH v. ROSENBLATT (11/16/55)

November 16, 1955

COMMONWEALTH
v.
ROSENBLATT, APPELLANT.



Appeal, Nos. 255 and 256, Oct. T., 1955, from judgments of Court of Quarter Sessions of Philadelphia County, March T., 1954, Nos. 1356 and 1365, in case of Commonwealth of Pennsylvania v. Morris Rosenblatt. Judgments affirmed.

COUNSEL

Louis Lipschitz, for appellant.

Christopher F. Edley, Assistant District Attorney, with him Victor Wright, Assistant District Attorney, Vincent G. Panati, First Assistant District Attorney, and Samuel Dash, District Attorney, for appellee.

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

Author: Wright

[ 180 Pa. Super. Page 31]

OPINION BY WRIGHT, J.

Morris Rosenblatt was brought to trial in Philadelphia County on ten bills of indictment (March Sessions 1954) as follows: Nos. 1356, 1364, and 1365 charging the unlawful conveying of drugs into a prison, No. 1357 charging conspiracy, Nos. 1358, 1359, and 1360 charging unlawful possession of drugs, and Nos. 1361, 1362, and 1363 charging the unlawful delivery of articles to convicts in a penal institution. Demurrers were sustained as to Nos. 1358, 1359, and 1360. The jury returned verdicts of guilty as to the other seven bills. Motions for a new trial and in arrest of judgment were overruled. Rosenblatt was sentenced on bill No. 1356 to undergo imprisonment at the Eastern State Penitentiary for a term of not less than two nor more than four years. A similar sentence was imposed on bill No. 1365 to begin at the expiration of the sentence on bill No. 1356.*fn1 These appeals followed.

The Commonwealth's evidence is summarized in the following excerpt from the opinion of Judge WATERS for the lower court:

"The defendant, while in charge of the mattress shop at the House of Correction, was requested by one Henry Murdock, an inmate serving a term of one year for the use of drugs, to procure for him and bring into the prison powdered nutmeg. Beginning in November and December of 1952, the defendant brought in and delivered to Murdock four or five cans of the nutmeg powder for which defendant was paid fifty cents a can and two dollars for his services on each occasion.

"Murdock distributed the nutmeg powder among other inmates confined as drug addicts. The powder was taken with water by the inmates and certain sensations

[ 180 Pa. Super. Page 32]

    were had by its use. This practice continued at irregular intervals until July 1953 when Murdock was released.

"In the fall of 1953 Murdock was returned to the House of Correction and just before Christmas of 1953, the defendant was requested to bring in some heroin by Murdock who collected from other inmates twenty dollars, fifteen of which was for the drug and five dollars of which was for the defendant's services. On the following day, a brown manila envelope was delivered containing a white powder which certain inmates used by injection and from which use the same results were experienced as when heroin was formerly injected. Murdock, however, did complain to the defendant ...


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