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COMMONWEALTH v. MURRAY (12/10/70)

decided: December 10, 1970.

COMMONWEALTH
v.
MURRAY, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Lancaster County, June T., 1968, No. 75, in case of Commonwealth of Pennsylvania v. Ronald Vincent Murray.

COUNSEL

Michael J. Perezous, with him Xakellis, Perezous & Mongiovi, for appellant.

George T. Brubaker, Assistant District Attorney, with him Henry J. Rutherford, Assistant District Attorney, and Clarence C. Newcomer, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 217 Pa. Super. Page 365]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

In May of 1968, pursuant to a search warrant, the Pennsylvania State Police raided an isolated cottage in Lancaster County. Appellant and another person had signed the lease for the cabin two weeks prior to the raid. When appellant heard the police outside, he went onto the porch of the cabin to see what was happening. The police searched his person, and found nothing. However, a search of the cabin and the people who were there turned up quantities of marijuana.

Appellant and seven co-defendants were indicted for possession of marijuana in violation of The Drug, Device and Cosmetic Act, Act of September 26, 1961, P. L. 1664, 35 P.S. ยง 780-4(q). Appellant was tried before a jury along with the co-defendants. He was found guilty of possession of marijuana. From judgment of sentence, this appeal followed.

The only meritorious issue presented on appeal is whether the judge correctly charged the jury concerning the standard that should be applied in ...


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