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COMMONWEALTH PENNSYLVANIA v. WILLIAM SHERMAN BUSFIELD (09/27/76)

decided: September 27, 1976.

COMMONWEALTH OF PENNSYLVANIA
v.
WILLIAM SHERMAN BUSFIELD, APPELLANT



Appeal from Judgment of the Court of Common Pleas of the 41st Judicial District of Pennsylvania, Perry County Branch, Criminal Division, No. 67 of 1974. No. 34 March Term. 1976.

COUNSEL

Gary M. Lightman, Harrisburg, for appellant.

Keith B. Quigley, Dist. Atty., New Bloomfield, for appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ.

Author: Watkins

[ 242 Pa. Super. Page 195]

This is an appeal from the judgment of sentence of the Court of Common Pleas of Perry County by the defendant-appellant, William Sherman Busfield, after conviction in a non-jury trial of possession of drugs with intent to deliver; and from the denial of post trial motions. He was sentenced to a term of imprisonment of not less than two years nor more than five years.

The facts as set forth in the opinion of the court below are as follows:

"On March 17, 1974, at approximately 10:00 p. m. Corp. Roy I. Krick of the Pennsylvania State Police received an anonymous phone call while on duty at the Duncannon Station of the Pennsylvania State Police. Said telephone call was to the effect that a vehicle bearing

[ 242 Pa. Super. Page 196]

    an out-of-state license plate was parked at property known as 532 South Fourth St., Newport, Oliver Township, Perry County, Pennsylvania, and that people were seen removing packages from said automobile. Said property had been the object of prior police surveillance.

"Immediately after receiving said anonymous telephone call, Corp. Krick and Trooper Robert Howell of the Pennsylvania State Police, proceeded to the property located at 532 South Fourth St., Newport, Oliver Township, Perry County, Pennsylvania. Shortly after their arrival, the police secured the permission of one Chester Carl, the owner of property immediately adjacent to the north of the residence at 532 South Fourth Street. From the property of Mr. Chester Carl, the officers were able to peer through the kitchen window of the Busfield property. Said window was covered only by a sheer curtain, light in color, covering the entire window, but which did not hinder or obstruct the view of the police officers. From their vantage point on the property owned by Mr. Chester Carl, said officers were able to observe, without difficulty, the activity of four males inside the kitchen of the Busfield residence.

"While looking through the kitchen window, the officers observed the following:

"a. Immediately inside of the window, to the left, a set of scales. The type ...


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