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COMMONWEALTH PENNSYLVANIA v. EDWARD WARREN ROSE (07/12/78)

decided: July 12, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
EDWARD WARREN ROSE, APPELLANT



No. 365 March Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Adams County, at No. CC-163-76.

COUNSEL

Robert E. Campbell, Gettysburg, for appellant.

Oscar F. Spicer, District Attorney, Gettysburg, for Com., appellee.

Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Hoffman and Spaeth, JJ., agree with the majority's disposition except that they would vacate the judgment of sentence for possession and remand for resentencing. Commonwealth v. Lockhart, Author: Per Curiam

[ 257 Pa. Super. Page 515]

OPINION

This is an appeal from the judgment of sentence of the Court of Common Pleas of Adams County, Criminal Division by the defendant-appellant, Edward Warren Rose, after conviction in a non-jury trial of unlawful possession of lottery tickets with the intent to sell and maintaining punch boards used for gambling purposes; and from the denial of post-trial motions.

As a result of a search of appellant's car pursuant to a search warrant the arresting officers found cases of lottery tickets, punch boards, price lists and a notebook with locations, by name, address and phone number in the vicinity of the arrest.

The issue raised in this appeal is the sufficiency of the evidence to sustain the verdict of the court below.

The Act of 1972, December 6, P.L. 1482, No. 334, § 1; 18 CPSA § 5512 reads in part as follows:

"(b) Offense defined. -- A person is guilty of a misdemeanor of the first degree if he:

[ 257 Pa. Super. Page 516]

(1) sets up, or maintains, any lottery or numbers game;

(2) manufactures or prints, or sells, exposes for sale or has in his possession with intent to sell any unlawful lottery or numbers ticket or share, or any writing, token or other device purporting or intending to entitle the holder or bearer, or any other person, to any ...


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