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COMMONWEALTH v. BOYER (11/28/72)

decided: November 28, 1972.

COMMONWEALTH
v.
BOYER, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Lebanon County, No. 416 of 1971, in case of Commonwealth of Pennsylvania v. Larry Lee Boyer.

COUNSEL

Thomas A. Ehrgood, with him Ehrgood and Ehrgood, for appellant.

David J. Brightbill, Assistant District Attorney, with him George E. Christianson, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Dissenting Opinion by Hoffman, J. Cercone and Packel, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 223 Pa. Super. Page 197]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant was convicted of possession of a small, but unspecified amount of marijuana and LSD in March of 1972. In July, a fine of $300 was imposed and appellant was sentenced to a period of imprisonment of not less than two months and no more than twelve months, with a supersedeas granted by the court below.

Appellant contends that items of physical evidence were improperly admitted at trial being the result of

[ 223 Pa. Super. Page 198]

    an illegal search and seizure. This contention is sound and requires that ...


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