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COMMONWEALTH PENNSYLVANIA v. JOSEPH F. MARTIN (04/25/80)

decided: April 25, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
JOSEPH F. MARTIN, III, APPELLANT



No. 1100 October Term, 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas of Lancaster County, Pennsylvania, Criminal Division, Entered March 10, 1978 at Nos. 2466/2468 of 1977.

COUNSEL

William R. Wheatly, Lancaster, for appellant.

Edward F. Browne, Assistant District Attorney, Lancaster, for Commonwealth, appellee.

Spaeth, Stranahan and Sugerman, JJ.*fn*

Author: Stranahan

[ 277 Pa. Super. Page 327]

On November 8, 1976, the appellant was arrested by the police and charged with three violations of the Controlled Substance, Drug, Device and Cosmetic Act,*fn1 Gambling, Pool Selling, Lottery and Former Convict Not to Carry a Firearm.

On March 30, 1977, appellant was tried on the three counts of violation of the Controlled Substance Act and found guilty of each offense.

[ 277 Pa. Super. Page 328]

Before trial, defendant made an Application to Suppress Evidence,*fn2 an Application for Discovery and Inspection,*fn3 and a Request for a Bill of Particulars.*fn4 A conference was held in chambers immediately prior to trial in order to dispose of appellant's pre-trial applications. After a discussion, the trial judge determined that the three violations of the Controlled Substance Act should be severed from the other charges and the trial should proceed on said drug charges.

No disposition was made of appellant's pre-trial applications although the trial judge in his opinion, indicates that it was believed that the evidence pertaining to those applications had no connection with the marijuana charges and that no evidence resulting from the appellant's arrest or search of his premises would be introduced by the Commonwealth during trial of the marijuana charges.*fn5

The charges against the appellant arose out of three separate occasions when the appellant allegedly sold marijuana to Barry L. Knauer, who was working under the direction of Trooper Gates of the Pennsylvania State Police.

The appellant has raised four issues on appeal, three of which have little or no merit, but one issue concerning the admission of a ...


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