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COMMONWEALTH v. POLLARD

220 Pa.Super. 322 (1971)

Commonwealth v. Pollard, Appellant.

Superior Court of Pennsylvania.

December 13, 1971.

Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, with him Barbara Bailey, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

James T. Ranney, Assistant District Attorney, with him Benjamin H. Levintow and Milton M. Stein, Assistant District Attorneys, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION PER CURIAM, December 13, 1971:

Judgment of sentence affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

Appellant claims that the court below erred in not suppressing the evidence used against him which led to his conviction on the charge of possession of narcotic drugs.

The facts, as found by the lower court, are as follows:

"(The) defendant was a passenger in the right, front...

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