COMMONWEALTH v. SIMMONS


450 Pa. 624 (1973)

Commonwealth v. Simmons, Appellant.

Supreme Court of Pennsylvania.

March 16, 1973.


Attorney(s) appearing for the Case

Michael F. O'Brien, Public Defender, for appellant.

Stephen B. Harris, First Assistant District Attorney, with him Kenneth G. Biehn, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION BY MR. JUSTICE ROBERTS, March 16, 1973:

Appellant, on May 27, 1969, was arrested and charged with possession of "narcotics and dangerous drugs", after a search, pursuant to a warrant, of appellant's apartment revealed a small quantity of marijuana. A timely motion to suppress evidence was filed, and, after an evidentiary hearing, denied. Thereafter, on January 26, 1971, appellant was tried before a jury and adjudged guilty. Motions for a new trial and in arrest...

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