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COMMONWEALTH v. JACKSON (11/16/60)

November 16, 1960

COMMONWEALTH
v.
JACKSON, APPELLANT.



Appeal, No. 312, Oct. T., 1960, from order of Court of Common Pleas No. 1 of Philadelphia County, March T., 1959, No. 1644, in case of Commonwealth of Pennsylvania v. Floyd Jackson. Order affirmed.

COUNSEL

Floyd Jackson, appellant, in propria persona.

Charles L. Durham and Domenick Vitullo, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Montgomery

[ 193 Pa. Super. Page 632]

OPINION BY MONTGOMERY, J.

This is an appeal by Floyd Jackson from the order of the Court of Quarter Sessions of Philadelphia County dismissing his Petition for Writ of Error Coram Nobis.

On September 22, 1947, appellant, without representation by counsel, pleaded guilty to two bills of indictment charging him with robbery and assault with intent to rob. He was sentenced on one indictment to 10 to 20 years and on the other to 3 1/2 to 7 years, making a total of 13 1/2 to 27 years imprisonment.

[ 193 Pa. Super. Page 633]

On October 4, 1955, the minimum sentence was commuted to 8 years and 1 month, expiring October 22, 1955. He was released on parole December 15, 1955.

On March 19, 1958, appellant was convicted of possession and sale of drugs; and he was given two sentences to imprisonment therefor, one from 5 to 10 years and the other from 2 to 5 years, to run concurrently. He was thereupon returned to the Eastern State Penitentiary as a convicted parole violator. At this time he was represented by counsel but no appeal was filed.

In his petition for Writ of Error Coram Nobis under consideration he alleges that the failure of the court to appoint counsel for him in his original conviction (pleas of guilty) violated his rights under the "due process" clause of the Fourteenth Amendment to the Federal Constitution; and, also, that his conviction for possession and sale of drugs (marijuana) was illegal and void for the reason, as alleged in his petition, "in order to be construed to come under the jurisdiction of this act the drug involved must contain some compound or derivative of opium or coca leaves" and that "marijuana does not contain the required derivative or compound of opium or coca leaves."

The second reason is entirely without foundation. Section 1 of the Narcotics Act*fn1 specifically includes marijuana as one of the prohibited drugs. Section 2 is not related to marijuana but entirely to opium, morphine, codeine and their derivatives when used in permitted amounts for the preparation of remedies, compounds, liniments, ...


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