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COMMONWEALTH PENNSYLVANIA v. PHILIP JAMES HUGHES (08/16/79)

August 16, 1979

COMMONWEALTH OF PENNSYLVANIA
v.
PHILIP JAMES HUGHES, APPELLANT



No. 423 March Term, 1977, Appeal from Judgment of Sentence of the Court of Common Pleas of Dauphin County, Pennsylvania, Criminal Division, at Nos. 1955, 1956 and 1958 of 1975.

COUNSEL

Philip D. Freedman, Assistant Public Defender, Harrisburg, for appellant.

Marion E. MacIntyre, Second Assistant District Attorney, Harrisburg, for Commonwealth, appellee.

Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Spaeth, J., concurs in the result. Jacobs, former President Judge, did not participate in the consideration or decision of this case.

Author: Cercone

[ 268 Pa. Super. Page 538]

This is a direct appeal from judgment of sentence of the Court of Common Pleas of Dauphin County, Criminal Division.

[ 268 Pa. Super. Page 539]

On September 24, 1976, a jury found appellant guilty of the statutory crimes of possession with intent to deliver a controlled substance*fn1 and carrying a firearm without a license.*fn2 After post-trial motions were timely filed and denied, this appeal ensued.

Of the four contentions briefed by appellant only two have been properly preserved for appellate review:*fn3 1) whether appellant's warrantless arrest and search of the auto in his custody were based upon probable cause and conducted under exigent circumstances; and, 2) whether in establishing a violation of The Uniform Firearms Act, Commonwealth v. McNeil, 461 Pa. 709, 337 A.2d 840 (1975) mandates the Commonwealth prove beyond a reasonable

[ 268 Pa. Super. Page 540]

    doubt not only that the accused does not have a license for a weapon, but also that the accused does not come within any of the statutory exceptions to the licensure requirement. We find these contentions to be without merit; accordingly, we affirm.

The testimony material to a proper examination of the first assignment of error may be briefly summarized as follows:

At approximately 12:00 A.M. of August 20, 1975, while off duty and at his residence, Officer Robert Kessler of the Pennsylvania State Police received a phone call from a confidential source whom he knew. The source telephoned to inform Officer Kessler of information obtained by the source in an alleged conversation that evening with appellant, Philip Hughes. The informant related that appellant, by automobile, was leaving York, Pennsylvania sometime after midnight destined for the City of Harrisburg, Pennsylvania. The informant further stated appellant would be traveling in a 1965 or 1966 Cadillac, maroon in color with a black top, bearing Pennsylvania Registration Plate 90N-026, and that appellant would be ...


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