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COMMONWEALTH v. SHILLINGFORD

231 Pa.Super. 407 (1975)

Commonwealth v. Shillingford, Appellant.

Superior Court of Pennsylvania.

January 8, 1975.

Attorney(s) appearing for the Case

John P. Yatsko, with him Fitzgerald & Yatsko, for appellant.

Stewart J. Greenleaf, Assistant District Attorney, with him William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY JACOBS, J., January 8, 1975:

This is an appeal from a conviction of illegal possession of a controlled substance. For the reasons stated hereinafter we reverse the judgment of sentence and grant a new trial.

The pertinent facts reveal that on July 18, 1973, Patrolman Nicholas Borrelli, in response to a radio call, arrived at the scene of a traffic accident in Montgomery County. He observed the appellant in the driver's seat of his car which had...

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