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. SMITH (03/23/71)

decided: March 23, 1971.

COMMONWEALTH
v.
SMITH, APPELLANT



Appeals from judgments of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Jan. T., 1961, Nos. 767, 768, 769, and 770, in case of Commonwealth of Pennsylvania v. Edward Smith.

COUNSEL

Andrew G. Gay, for appellant.

Taras M. Wochok, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, 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. Concurring and Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissenting opinion.

Author: Per Curiam

[ 218 Pa. Super. Page 102]

Judgments of sentence affirmed.

Disposition

Judgments of sentence affirmed.

Concurring and Dissenting Opinion by Hoffman, J.:

Appellant was charged with possession and sale of narcotic drugs on Bills 767, 769, and 770 and with conspiracy on Bill 768 of January Sessions, 1961. He was tried before a judge and jury, found guilty on all bills, and sentenced to a concurrent term of two to ten years on each bill. After a hearing on a post-conviction petition, appellant was granted leave to file motions for a new trial and in arrest of judgment nunc pro tunc. These motions were denied, and this appeal followed.

In 1960 an undercover police agent entered a bar and was introduced to appellant. After a conversation concerning narcotics, the agent handed appellant five dollars and received a brown bag in return. Thinking that appellant was not working alone, the agent handed him another five dollars and appellant gave him a second

[ 218 Pa. Super. Page 103]

    brown bag which he had obtained from the bartender. The agent then gave the two bags to another policeman outside and they were given separate identifying marks. A few minutes later the agent returned to the bar and handed appellant another five dollars. ...


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.