COM. v. DIAZ


319 Pa.Super. 538 (1983)

466 A.2d 674

COMMONWEALTH of Pennsylvania v. Juan Ortiz DIAZ, Appellant.

Supreme Court of Pennsylvania.

Filed October 7, 1983.


Attorney(s) appearing for the Case

William F. Ochs, Jr., Public Defender, Reading, for appellant.

Charles M. Guthrie, Jr., First Assistant District Attorney, Reading, for Commonwealth, appellee.

Before CAVANAUGH, WIEAND and HOFFMAN, JJ.


WIEAND, Judge:

If, during a routine search of a closed but unlocked prison cell, a plastic bag containing 64 marijuana cigarettes falls from items of clothing in the cell, is the sole occupant of the cell properly convicted of violating the statute making it a criminal offense to possess marijuana? Correctional officers conducting the search testified that the package of marijuana cigarettes had fallen from a...

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