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COMMONWEALTH PENNSYLVANIA v. DEBORAH LOUISE HOMSHER (03/02/81)

submitted: March 2, 1981.

COMMONWEALTH OF PENNSYLVANIA,
v.
DEBORAH LOUISE HOMSHER, APPELLANT



COUNSEL

Thomas G. Klingensmith, Assistant Public Defender, Lancaster, for appellant.

Michael H. Ranck, District Attorney, Lancaster, for Commonwealth, appellee.

Cercone, P. J., and Wickersham and Brosky, JJ.

Author: Wickersham

[ 292 Pa. Super. Page 449]

On May 20, 1978, Trooper Lawrence E. Albert of the Pennsylvania State Police conducted an investigation at 20

[ 292 Pa. Super. Page 450]

Michele Lynn Drive, Lancaster, Pennsylvania. He had a search warrant for an apartment on the second floor occupied by one Fred Homsher which related to alleged gambling.*fn1 When Trooper Albert executed his search warrant, he found Fred Homsher, his wife Judith Homsher and his daughter Deborah Homsher, appellant, in the apartment. During the course of the search, which included the living room and several bedrooms, certain items were taken from a small three tier nightstand just adjacent to the bed in the room identified as that of the daughter, Deborah Homsher.

A I seized those items personally and maintained them into evidence.

Q What did you see?

A The time of the seizure would be four thirty-three p. m., and the following items were seized from the top drawers of the three tier nightstand: Twelve cigarettes which were hand rolled, and containing a brown vegetation, seven various type pipes which contained residue or what appeared to be a residue of hash, five blue heartshaped pills, one clip which is referred to as a roach clip which contained some type of burned material at the very end, two pipe heads which contained some type of burned ash, and one plastic baggie with another plastic baggie stuck inside.

Q From your examination of the items that you seized were you able to make a preliminary determination of what that vegetable substance was?

A It appeared to be marijuana.

Q At the time you seized these were any discussed by any of the ...


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