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COMMONWEALTH v. TOWNSEND (03/27/67)

decided: March 27, 1967.

COMMONWEALTH
v.
TOWNSEND, APPELLANT



Appeals from judgments of Court of Quarter Sessions of Philadelphia County, April T., 1966, Nos. 593 and 596, in case of Commonwealth of Pennsylvania v. Frank S. Townsend.

COUNSEL

Lawrence Goldberg, for appellant.

William H. Wolf, Jr., Assistant District Attorney, with him Welsh S. White and Alan J. Davis, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Ervin, P. J., Wright, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Watkins, J., absent). Dissenting Opinion by Spaulding, J. Jacobs and Hoffman, JJ., join in this dissent.

Author: Per Curiam

[ 209 Pa. Super. Page 407]

The six judges who heard the argument of this appeal being equally divided in opinion, the judgments of sentence of the court below are affirmed, and the defendant is directed to appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with the sentence, or any part of it which had not been performed at the time the appeal was made a supersedeas.

Disposition

Judgments affirmed.

Dissenting Opinion by Spaulding, J.:

The sole question on appeal is whether there was sufficient evidence to sustain appellant's conviction of carrying a firearm without a license.*fn1

On March 25, 1965, at approximately 8:45 p.m., police officers William Carlin and Fred Bacino were on duty in a patrol car near the intersection of Allegheny

[ 209 Pa. Super. Page 408]

Avenue and Fox Street in Philadelphia. Carlin, the driver, observed a Rambler automobile about one car length in front of them which had stopped to let out one of its occupants, later identified as William A. Miller.*fn2 As Miller was getting out of the right side of the car, Bacino saw a weapon fall to the ground and said to Carlin, "That man dropped a gun, let us check them." Miller picked up the gun and threw it on the back seat of the car. The officers approached on foot -- Bacino on the right side and Carlin on the left. Bacino ...


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