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COMMONWEALTH v. TERMINE (04/04/73)

decided: April 4, 1973.

COMMONWEALTH
v.
TERMINE, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Chester County, May T., 1971, No. 637, in case of Commonwealth of Pennsylvania v. Charles Joseph Termine.

COUNSEL

John R. Merrick, Public Defender, for appellant.

E. Goldberg, Assistant District Attorney, with him Larry Elliott Jones, Assistant District Attorney, and William H. Lamb, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 224 Pa. Super. Page 164]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant Termine contends that his conviction for violation of the Uniform Firearms Act should be reversed as it was preceded by an illegal search and an illegal arrest.

On July 29, 1971 at 2:00 a.m., an officer of the Spring City Borough Police Department observed appellant and his companions driving through Spring City in a vehicle with defective tail lights. The policeman followed appellant's automobile and signaled him to a stop when the road conditions permitted. The appellant was not stopped until his vehicle had travelled two hundred feet beyond the Spring City Borough Limits. Upon learning of the defective tail lights, appellant unsuccessfully attempted to effectuate a repair.

[ 224 Pa. Super. Page 165]

Termine had a valid Nevada operator's license, but he was unable to produce the registration card for the motor vehicle. Appellant told the police officer that he had borrowed the car from the owner who was not available for verification at that time. The law enforcement officer suggested that they look in the glove compartment in an effort to discover the owner's card. ...


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