COM. v. FIORE


281 Pa.Super. 1 (1980)

421 A.2d 1116

COMMONWEALTH of Pennsylvania v. Dale E. FIORE, Appellant.

Superior Court of Pennsylvania.

Filed September 26, 1980.

Petition for Allowance of Appeal Denied December 1, 1980.


Attorney(s) appearing for the Case

John W. Murtaugh, Pittsburgh, for appellant.

Kathryn Simpson, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

Before HESTER, MONTGOMERY and LIPEZ, JJ.


HESTER, Judge:

This is an appeal from the judgment of sentence of the Court of Common Pleas of Allegheny County. The procedural history and facts relevant to the issue on appeal are as follows:

On January 20, 1977, at approximately 1:50 a.m., Officer Robert Reed of the City of Pittsburgh, observed an automobile with four occupants parked in a lighted area of South Aiken and Harriett Streets. It was legally parked and the motor was off. Because there had been...

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