COMMONWEALTH v. STERLING


241 Pa.Super. 411 (1976)

361 A.2d 799

COMMONWEALTH of Pennsylvania v. James Jerome STERLING, Appellant.

Superior Court of Pennsylvania.

June 28, 1976.


Attorney(s) appearing for the Case

Xakellis, Perezous & Mongiovi, Michael J. Perezous, Lancaster, for appellant.

Robert A. Longo (submitted), Lancaster, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


HOFFMAN, Judge:

The sole meritorious issue in the instant appeal is whether the Commonwealth proved appellant's conscious dominion and control over a sizeable quantity of hashish, necessary to prove his possession of the controlled substance with the intent to deliver.

The facts relating to appellant's arrest are not in dispute. On May 21, 1973, United States Customs officials in New York City, using a dog specifically trained to sniff out narcotics, became...

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