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COMMONWEALTH v. AMBROSE (11/16/73)

decided: November 16, 1973.

COMMONWEALTH
v.
AMBROSE, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, May T., 1971, No. 774, in case of Commonwealth of Pennsylvania v. Carl Frank Ambrose.

COUNSEL

Earle Lees and Jonathan Miller, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.

Maxine J. Stotland, James T. Ranney and Milton M. Stein, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

Author: Spaeth

[ 225 Pa. Super. Page 394]

This is an appeal from a conviction of violation of the Uniform Firearms Act, Act of June 24, 1939, P. L. 872, § 628, as amended, 18 P.S. § 4268. Appellant contends that his conviction should be set aside because the

[ 225 Pa. Super. Page 395]

Commonwealth failed to prove the length of the barrel of the weapon involved.

Appellant was charged with having violated Section (e.2) of the Uniform Firearms Act, added July 30, 1968, P. L. 690, § 1, 18 P.S. § 4628(e.2) (Supp. 1972), which provides:

"No person shall carry a firearm, rifle, or shotgun at any time upon the public streets or upon any public property in a city of the first class unless:

"(1) such person is licensed to carry a firearm; or

"(2) such person is exempt from licensing . . . ."

Section (a) of the Uniform Firearms Act, supra, 18 P.S. § 4628(a), defines "firearm" as meaning "any pistol or revolver with a barrel less than twelve inches, any shotgun with a barrel less than twenty-four inches, ...


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