COM. v. GABRIELLE


269 Pa.Super. 338 (1979)

409 A.2d 1173

COMMONWEALTH of Pennsylvania v. Timothy David GABRIELLE, Appellant.

Superior Court of Pennsylvania.

Filed September 7, 1979.


Attorney(s) appearing for the Case

Robert Lee Moore, Assistant Public Defender, Reading, for appellant.

J. Michael Morrissey, District Attorney, Reading, for Commonwealth, appellee.

Before PRICE, SPAETH, and LIPEZ, JJ.


SPAETH, Judge:

This is an appeal from judgment of sentence for illegal possession of a controlled substance. The issue is whether the lower court erred in denying appellant's motion to suppress a cellophane bag containing marijuana.

On May 12, 1977, police received a tip that appellant, a prisoner at Berks County Prison in the work release program, would have marijuana in his locker at his place of employment on the following day. The locker was described...

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