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COMMONWEALTH v. SMITH

453 Pa. 326 (1973)

Commonwealth v. Smith, Appellant.

Supreme Court of Pennsylvania.

September 19, 1973.

Attorney(s) appearing for the Case

Michael L. Levy, Assistant Defender, with him Jonathan Miller, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Deborah E. Glass, Assistant District Attorney, with her Milton M. Stein, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE EAGEN, September 19, 1973:

This is an appeal from the judgment of sentence imposed on William B. Smith after his conviction in a nonjury trial of felonious possession of narcotic drugs. The Superior Court unanimously affirmed and we granted allocatur.

Smith and another male were taken into police custody by two officers acting without a warrant as they exited from a bar in Philadelphia. Smith and his companion were placed in a police...

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