COMMONWEALTH v. DILLARD


221 Pa.Super. 310 (1972)

Commonwealth, Appellant, v. Dillard.

Superior Court of Pennsylvania.

June 16, 1972.


Attorney(s) appearing for the Case

Jack H. France, Assistant District Attorney, with him Jess D. Costa, for Commonwealth, appellant.

Sanford S. Finder, for appellee.

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


OPINION BY JACOBS, J., June 16, 1972:

The Commonwealth appeals from an order of the lower court discharging the defendant on a pretrial motion. We reverse.

Appellee was driving an automobile owned by Merigo who was riding as a passenger in the front seat. Brown was riding in the back seat. A state police corporal signaled the automobile to stop. Before the automobile stopped he saw two items thrown from the automobile by Merigo. He recovered the second item...

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