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COMMONWEALTH v. POLLARD (12/13/71)

decided: December 13, 1971.

COMMONWEALTH
v.
POLLARD, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, April T., 1970, No. 1917, in case of Commonwealth of Pennsylvania v. Alfred Pollard.

COUNSEL

John W. Packel, Assistant Defender, with him Barbara Bailey, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

James T. Ranney, Assistant District Attorney, with him Benjamin H. Levintow 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 Hoffman, J.

Author: Per Curiam

[ 220 Pa. Super. Page 323]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant claims that the court below erred in not suppressing the evidence used against him which led to his conviction on the charge of possession of narcotic drugs.

The facts, as found by the lower court, are as follows:

[ 220 Pa. Super. Page 324]

"(The) defendant was a passenger in the right, front seat of an automobile. The (arresting officer) and a brother officer stopped the automobile for going through a red traffic signal. The officer went over to the right of the car. He then ordered the passengers to alight from the vehicle. . . . (D)efendant had committed no crime to (the ...


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