COM. v. LEATHERBURY


269 Pa.Super. 91 (1979)

409 A.2d 78

COMMONWEALTH of Pennsylvania v. Edward LEATHERBURY, Appellant.

Superior Court of Pennsylvania.

Filed August 24, 1979.

Petition for Allowance of Appeal Granted December 17, 1979.

Petition for Allowance of Appeal Denied February 4, 1980.


Attorney(s) appearing for the Case

Lynne D. Miller, Assistant Public Defender, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before PRICE, SPAETH and LIPEZ, JJ.


SPAETH, Judge:

This is an appeal from judgments of sentence imposed on convictions of delivery of a controlled substance and criminal conspiracy. The only question on appeal is whether it was error for the lower court to have denied appellant's motion to suppress the evidence found in a search incident to his arrest.

The facts are as follows. On November 16, 1977, Officers Clifford Ludd and Gary Davis of the Narcotics Unit of the Philadelphia Police Department...

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