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COMMONWEALTH v. REEDER (06/30/71)

decided: June 30, 1971.

COMMONWEALTH
v.
REEDER, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, April T., 1970, No. 1681, in case of Commonwealth of Pennsylvania v. Clyde Reeder.

COUNSEL

Anne Welsh and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.

Norris E. Gelman and Milton M. Stein, Assistant District Attorneys, 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. Dissenting Opinion by Spaulding, J. Hoffman, J., joins in this dissenting opinion.

Author: Per Curiam

[ 219 Pa. Super. Page 338]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Spaulding, J.:

I respectfully dissent.

Appellant, Clyde Reeder was found guilty of possession of narcotics by the Honorable Charles J. Margiotti of the Court of Common Pleas of Philadelphia, sitting without a jury. Post-trial motions were denied and sentence imposed. This appeal followed.

[ 219 Pa. Super. Page 339]

Although the details are in dispute, the following events occurred on the night of February 28, 1970: Officers Messaros and Boston of the Philadelphia Police Department were driving in an unmarked Highway Patrol car through a section of North Philadelphia. Appellant was seen by the officers standing directly in front of and looking in a window at 1607 North 18th Street. The window screen had been torn away. They apparently suspected him of burglary and he was subsequently taken into custody and searched. A container of ...


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