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COMMONWEALTH v. JOHNSON (06/12/62)

THE SUPERIOR COURT OF PENNSYLVANIA


June 12, 1962

COMMONWEALTH
v.
JOHNSON, APPELLANT.

Appeal, No. 78, March T., 1962, from judgment of Court of Quarter Sessions of Philadelphia County, June T., 1961, No. 1611, in case of Commonwealth of Pennsylvania v. William Johnson. Judgment affirmed.

COUNSEL

Edward K. Nichols, Jr., with him Norris, Green, Harris & Higginbotham, for appellant.

Arlen Specter, Assistant District Attorney, with him Charles Jay Bogdanoff, Assistant District Attorney, Paul M Chalfin, First Assistant District Attorney, and James, C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.

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

[ 198 Pa. Super. Page 52]

OPINION PER CURIAM

This is an appeal by defendant from a judgment of sentence of the Court of Quarter Sessions of Philadelphia County entered on December 14, 1961.

Defendant was tried before a judge, sitting without a jury, and convicted of unlawful possession of certain drugs, to wit, heroin.

[ 198 Pa. Super. Page 53]

The issue is the reasonableness of the search of defendant's person and the seizure of heroin thereon after arrest without a warrant.

The judgment of sentence is affirmed on the opinion of Judge NEALON of the Forty-fifth Judicial District, specially presiding, as reported in 27 Pa.D. & C.2d 301, with the following additional citations: Draper v. United States, 358 U.S. 307, 79 S.Ct. 329, 3 L.Ed.2d 327; Lowry v. United States, 9 Cir., 135 F.2d 626; Com. v. Bosurgi, 198 Pa. Superior Ct. 47, 182 A.2d 295; Com. v. Richards, 198 Pa. Superior Ct. 39, 182 A.2d 291.

19620612

© 1998 VersusLaw Inc.



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