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COMMONWEALTH PENNSYLVANIA v. KENNETH ANDERSON (07/03/80)

decided: July 3, 1980.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
KENNETH ANDERSON, APPELLANT



No. 54 March Term, 1979, An Appeal from the Order dated November 17, 1978, by the Superior Court of Pennsylvania at No. 852 April Term, 1978, affirming the judgment of sentence entered on the 12th day of April, 1978, of the Court of Common Pleas of Lawrence County, Pennsylvania, Criminal Division, at numbers 259-C, 259-F and 259-G of 1977, The Honorable John F. Henderson, P.J.

COUNSEL

Dennis J. Clark, Pittsburgh, for appellant.

Donald Williams, Dist. Atty., New Castle, for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Larsen,*fn1 Flaherty and Kauffman, JJ. Flaherty, J., filed a dissenting opinion in which Roberts, J., joined.

Author: Larsen

[ 490 Pa. Page 438]

OPINION

After a trial by jury, appellant was convicted of unlawful delivery and possession of controlled substances. He was sentenced to consecutive terms of imprisonment of three and one-half to seven years and one to three years. Appellant appealed these judgments of sentence to the Superior Court, which affirmed without opinion, and this Court granted appellant's petition for allowance of appeal.

Appellant raises five issues. In his first three contentions appellant asserts that the court below erred in not suppressing the physical evidence obtained from his home because: 1) there was no probable cause for the search since the affidavit "does not contain sufficient information to justify the conclusion that evidence or the fruits of a crime may be found at the place to be searched", 2) the search was invalidated by the police's unannounced entry into the house, and 3) the search was invalid because the warrant erroneously describes the place to be searched and its owners, and was issued to and executed by law enforcement officials acting outside of their jurisdiction. Next, appellant alleges that the evidence was insufficient to support his convictions. And, finally, appellant contends that the court erred in admitting into evidence currency found in appellant's dresser which was identified as having been used to purchase drugs from another the day before appellant's arrest.

After reviewing the record, we find that these issues are without merit, and that the Superior Court was correct in its disposition of the appeal. Accordingly, the judgments of sentence are affirmed.

FLAHERTY, Justice, dissenting.

I dissent.

[ 490 Pa. Page 439]

The record in this case discloses that on January 4, 1977, a police agent purchased a pound of marijuana from one Richard Anzalone using marked money. On January 5, 1977, the same agent purchased three pounds of marijuana from Anzalone and immediately arrested him. Police then arrested Anzalone's supposed suppliers, the Andersons, and subsequently secured a ...


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