Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

COMMONWEALTH v. JONES (09/12/69)

decided: September 12, 1969.

COMMONWEALTH
v.
JONES, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Philadelphia County, July T., 1964, No. 513, in case of Commonwealth of Pennsylvania v. Richard S. Jones.

COUNSEL

John W. Packel, Assistant Defender, with him Melvin Dildine, Assistant Defender, and Vincent J. Ziccardi, Acting Defender, for appellant.

James D. Crawford, Assistant District Attorney, with him Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 215 Pa. Super. Page 237]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

On August 14, 1964, appellant was brought to trial on four indictments: Nos. 1237 and 1238 of February Sessions, 1964, charging possession and use of drugs, and Nos. 513 and 514 of July Sessions, 1964, charging larceny and use of drugs. Appellant was arraigned at the bar of the court and entered pleas of not guilty on all indictments. He waived a jury trial.

Testimony was offered on the larceny indictment, No. 513 of July Sessions, 1964. Immediately following, testimony was offered on the use of drugs charge, No. 514 of July Sessions, 1964. The district attorney then was made aware that the officer who was to testify with respect to the possession and use of drugs indictments, Nos. 1237 and 1238 of February Sessions, 1964, was not in the courtroom.

The following discussion ensued.

"The Court: Will counsel come to the bench a minute? (Side Bar Conference.) Mr. Irwin [defense counsel]: If your Honor please, the defendant will change his plea on the Charge of unlawful use of drugs. "The Court: That is Bill No. 1237? Mr. Irwin: He will plead guilty to the one in June [sic; July] of 1964, No. 514. (The Defendant was rearraigned and pleaded Guilty to Bill No. 514.) The Court: What about ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.