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COMMONWEALTH v. CLARK (06/13/62)

June 13, 1962

COMMONWEALTH
v.
CLARK, APPELLANT.



Appeal, No. 7, April T., 1962, from judgment of Court of Quarter Sessions of Allegheny County, April T., 1960, No. 316, and May T., 1960, No. 277, in case of Commonwealth of Pennsylvania v. Alvin Clark. Judgment affirmed.

COUNSEL

Alvin Clark, appellant, in propria persona.

William Claney Smith, Assistant District Attorney, and Edward C. Boyle, District Attorney, for Commonwealth, appellee.

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

Author: Rhodes

[ 198 Pa. Super. Page 65]

OPINION BY RHODES, P.J.

Defendant was charged with violating the Anti-Narcotics Act of July 11, 1917, P.L. 758, as amended, 35 PS ยง 851 et seq.,*fn1 and indicted in the Court of Quarter Sessions of Allegheny County at No. 316, April Sessions, 1960, on April 14, 1960, and at No. 277, May Sessions, 1960, on May 13, 1960. Defendant was subsequently tried, convicted, and sentenced.

A drug addict called defendant in the present of the police and made arrangements to meet defendant on a street in Rankin, Allegheny County, whereupon defendant was arrested at about 7 p.m. on March 31, 1960, near his room at 205 Miller Street, Rankin. Later

[ 198 Pa. Super. Page 66]

    that evening the police entered the room at 205 Miller Street, where narcotics were found in a locked box, the key to which defendant had in his possession. This additional room rented by defendant was about a block away from the police station.*fn2

No motions were made prior to indictment or prior to trial attacking the validity of the search or the admissibility of the evidence.

At the trial defendant's counsel made an oral motion to exclude the narcotics on the ground they were obtained through an illegal search and seizure. The motion was denied. Motions in arrest of judgment and for a new trial were filed, and refused by the court below; sentence was deferred and then imposed on August 18, 1961.Defendant has appealed.

Appellant contends that the evidence, including heroin, obtained by the police through a search of his room at 205 Miller Street without a warrant should have been excluded as obtained through an illegal search and seizure, citing in this Court the ...


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