Opinion
June 14, 1973.
September 19, 1973.
Criminal Law — Drugs — Possession of marijuana — Evidence — Sufficiency.
The testimony established that defendant underwent a strip search prior to his incarceration. During the search, a cigarette fell out of his trousers. An officer picked up the cigarette. Upon analysis, the cigarette was found to be marijuana.
It was Held, viewing the evidence in the light most favorable to the Commonwealth, that the evidence was sufficient to sustain defendant's conviction of possession of marijuana.
Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and SPAETH, JJ.
Appeals, Nos. 789 and 790, Oct. T., 1973, from judgment of sentence of Court of Common Pleas of Northampton County, Jan. T., 1972, Nos. 130 and 199, in case of Commonwealth of Pennsylvania v. James T. Parham. Judgment of sentence affirmed.
Indictments charging defendant with resisting arrest, assault and battery, and unlawful possession of narcotics. Before WILLIAMS, JR., J.
Verdict of guilty and judgment of sentence entered thereon. Defendant appealed.
Stephen J. Marcincin, for appellant.
Allan B. Goodman, Assistant District Attorney, and Charles H. Spaziani, District Attorney, for Commonwealth, appellee.
Submitted June 14, 1973.
The issue before this Court is whether or not the lower court erred in refusing to grant appellant's motion in arrest of judgment following his conviction for possession of marijuana. Appellant contends that the Commonwealth did not establish that the cigarette which was analyzed and found to be marijuana was the same as the one taken from appellant.
The testimony established that appellant underwent a strip search prior to his incarceration on October 27, 1971 in Bethlehem. During the search, a cigarette fell out of his trousers. Officer Edmund J. Miller picked up the cigarette. Miller and another officer took the cigarette to Michael A. Horvath, a chemist working for the state police crime laboratory. Horvath marked the cigarette and placed it in a plastic bag; he later analyzed it and found it to be marijuana.
Viewing the evidence in the light most favorable to the Commonwealth, Commonwealth v. Johnston, 438 Pa. 485, 488, 263 A.2d 376 (1970), appellant's guilt was established beyond a reasonable doubt.
Accordingly, we affirm the judgment of sentence of the lower court.