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COMMONWEALTH v. PRESSLEY (03/15/68)

decided: March 15, 1968.

COMMONWEALTH
v.
PRESSLEY, APPELLANT



Appeal from judgment of Court of Quarter Sessions of Philadelphia County, May T., 1967, No. 1636, in case of Commonwealth of Pennsylvania v. Nathaniel Pressley.

COUNSEL

Brian Appel, Assistant Defender, with him Melvin Dildine, Assistant Defender, and Herman I. Pollock, Defender, for appellant.

Leslie J. Carson, Jr., Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 211 Pa. Super. Page 494]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from a judgment of sentence imposed by the lower court.

Appellant was indicted for carrying a concealed deadly weapon, § 416 of The Penal Code (18 P.S. § 4416), and unlawfully carrying a firearm without a license, § 628(e) of The Penal Code (18 P.S. 4628(e)). The lower court found appellant guilty of unlawfully carrying a firearm without a license and not guilty of carrying a concealed, deadly weapon. Appellant was sentenced to not less than one and one half nor more than three years in the State Correctional Institution.

The sole witness for the prosecution was officer Richard Pearcy. Officer Pearcy testified that, he, accompanied by his partner, went to North 17th Street in Philadelphia. There he observed appellant leave the premises at 636 N. 17th Street, enter a bar on the corner of the street, and leave the bar approximately two minutes later. As appellant started to cross North 17th Street to the side on which the officers were standing, a bus passed between them, blocking ...


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