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COMMONWEALTH PENNSYLVANIA v. ZACHARY L. RICKETTS (04/12/82)

filed: April 12, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
ZACHARY L. RICKETTS, APPELLANT



No. 2411 October Term, 1979, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Trial Division, of Philadelphia County at M.C. No. 79-03-2806.

COUNSEL

Elaine DeMasse, Assistant Public Defender, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Wickersham, Hoffman and Van der Voort, JJ.

Author: Wickersham

[ 297 Pa. Super. Page 469]

Zachary L. Ricketts was convicted of having altered or obliterated marks of identification. 18 Pa.C.S. § 6117 provides as follows:

§ 6117. Altering or obliterating marks of identification

(a) Offense defined. -- No person shall change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark of identification on any firearm.

(b) Presumption. -- Possession of any firearm, upon which any such mark shall have been changed, altered, removed, or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same.

Act of December 6, 1972, P.L. 1482, No. 334, § 1, eff. June 6, 1973.

Following his Philadelphia County Municipal Court trial, non-jury, he was sentenced to pay court costs of $50.00 and $10.00 to the Victim's Compensation Fund.

Following his conviction, Zachary Ricketts filed a petition for writ of certiorari which petition was denied and this appeal followed.*fn1

The underlying facts of this case were set forth accurately by the Honorable Charles L. Durham in his opinion under date of February 20, 1980 in which he held that the municipal court judge did not err in finding the defendant guilty as charged and accordingly held ...


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