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COMMONWEALTH v. MOBLEY (09/30/71)

decided: September 30, 1971.

COMMONWEALTH
v.
MOBLEY, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Dec. T., 1970, No. 1115, in case of Commonwealth of Pennsylvania v. Stephen Mobley.

COUNSEL

John W. Packel, Assistant Defender, with him Michael Luber, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Milton M. Stein, Assistant District Attorney, with him Leonard S. Goodman, 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. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 220 Pa. Super. Page 254]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

[ 220 Pa. Super. Page 255]

Dissenting Opinion by Hoffman, J.:

On November 18, 1970, at 10:30 a.m., appellant, a gang control worker for the Philadelphia Urban Coalition, and two other males were observed by police officers conversing with a fourth male on a city street. This fourth male was under surveillance by the Philadelphia police as a suspected drug seller.

Upon the approach of police officers, the reputed drug seller fled. The officers motioned to appellant, who had remained behind with his two companions, to approach them. According to the arresting officer the following took place:

"[Appellant] came walking toward us when we called them over. I observed his coat. In the right-hand pocket, there seemed to be a heavy object that was bounding back and forth. I went over to [appellant]. I touched his right pocket to feel what this object was and it felt to me from the outside, to be a revolver. I ...


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