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. FISHER (11/16/72)

decided: November 16, 1972.

COMMONWEALTH
v.
FISHER, APPELLANT



Appeals from judgment of Court of Common Pleas, Trial Division, of Philadelphia, May T., 1969, Nos. 830 and 831, in case of Commonwealth of Pennsylvania v. Edward Fisher.

COUNSEL

Nino V. Tinari, for appellant.

Taras M. Wochok 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, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Opinion by Cercone, J.

Author: Cercone

[ 223 Pa. Super. Page 108]

Defendant was found guilty in a non-jury trial on charges of possession of dangerous drugs and possession

[ 223 Pa. Super. Page 109]

    of narcotic drugs. His motion in arrest of judgment was denied by the lower court, hence this appeal.*fn1

Defendant's two main arguments in support of his motion are: (1) that the affidavit in support of the search and seizure warrant in this case was defective because it failed to specify the time observations were made by the informer, the time he transmitted this information to the affiant officer, and the time the surveillances were made by the officers as a result of the information received; (2) that the evidence introduced against him was obtained as a result of an illegal execution of the warrant in violation of his Fourth Amendment rights in that the police broke down the door of his apartment. He claims that the evidence so obtained was therefore inadmissible at trial.*fn2

We are satisfied that the court below was correct in denying defendant's motion in arrest of judgment.

In passing upon a motion in arrest of judgment, the evidence must be read in the light most favorable to the Commonwealth, which by reason of the verdict is entitled to all reasonable inferences arising therefrom: Com. v. Stukes, 435 Pa. 535 (1969); Com. v. Hazlett, 429 Pa. 476 (1968); Com. v. Zimmerman, 214 Pa. Superior Ct. 61 (1969). The effect of such a motion is to admit all the facts and inferences reasonably drawn from the facts which the Commonwealth's evidence tends to prove: Com. v. Tabb, 417 Pa. 13 (1965). If these facts and inferences are sufficient to prove guilt beyond a reasonable doubt, the verdict is justified.

A study of the record with these principles of law in mind, discloses that two ...


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.