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COMMONWEALTH v. ROBINSON ET AL. (06/13/68)

decided: June 13, 1968.

COMMONWEALTH
v.
ROBINSON ET AL., APPELLANTS



Appeal from judgments of sentence of Court of Oyer and Terminer of Allegheny County, No. 6548 of 1965, in case of Commonwealth of Pennsylvania v. Leroy Robinson et al.

COUNSEL

J. Dean, with him Thomas W. Henderson, for appellants.

Charles B. Watkins, Assistant District Attorney, with him Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissenting opinion.

Author: Per Curiam

[ 212 Pa. Super. Page 268]

Judgments of sentence affirmed.

Disposition

Judgments of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellants were indicted on a bill charging them with violations of the Drug Device and Cosmetic Act and possession of narcotics and dangerous drugs. Appellants pleaded not guilty to these charges.

Prior to trial, counsel for appellants moved to suppress evidence obtained as a result of a search of appellant Walker's apartment pursuant to a warrant. A hearing was held, and the motion was denied. On January 6, 1966, the jury returned a verdict of guilty

[ 212 Pa. Super. Page 269]

    against both appellants on both counts ...


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