COMMONWEALTH v. MIMMS


471 Pa. 546 (1977)

370 A.2d 1157

COMMONWEALTH of Pennsylvania v. Harry MIMMS, Appellant.

Supreme Court of Pennsylvania.

Decided February 28, 1977.

Rehearing Denied March 28, 1977.


Attorney(s) appearing for the Case

Renninger, Spear & Kupits, Burton Spear, Doylestown, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., for appellee.

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


OPINION OF THE COURT

POMEROY, Justice.

Two Philadelphia police officers stopped an automobile for the purpose of issuing a traffic summons. Upon approaching the automobile, Officer Kurtz ordered the driver, appellant Harry Mimms, to step out of the car. After Mimms had alighted from the vehicle, Officer Kurtz noticed a large bulge under Mimms' sports jacket. Fearful that the jacket might be covering a weapon, the police officer conducted a frisk of appellant...

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