Opinion
March 10, 1975.
September 22, 1975.
Commonwealth v. Boyer, 236 Pa. Super. 214 (1975) Held controlling.
It was Held that this case is controlled by the opinion in Commonwealth v. Boyer, 236 Pa. Super. 214 (1975) as the issues are the same in both cases.
Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT, and SPAETH, JJ.
Appeal, No. 92, March T., 1974, from judgment of sentence of Court of Common Pleas of Dauphin County, No. 1106 C.D. of 1972, in case of Commonwealth of Pennsylvania v. Leon Ryland Brown. Judgment of sentence reversed and appellant discharged.
Indictment charging defendant with unlawful possession of narcotic drugs. Before WICKERSHAM, J., without a jury.
Finding of guilty and judgment of sentence entered thereon. Defendant appealed.
David Cohen, with him Harry Lore, and Cohen and Lore, for appellant.
Edwin W. Frese, Jr., Deputy District Attorney, with him Marion E. MacIntyre, Deputy District Attorney, and LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.
WATKINS, P.J., and JACOBS and VAN der VOORT, JJ., dissented.
Argued March 10, 1975.
This case is controlled by our opinion in Commonwealth v. Boyer, 236 Pa. Super. 214, 345 A.2d 187 (1975), as the appellant, Leon Ryland Brown, was a co-defendant with Harrison Epps Boyer and raises the same issues as those raised in this appeal.
The order of the lower court denying the Motion in Arrest of Judgment and the Judgment of Sentence are reversed and appellant is discharged.
WATKINS, P.J., and JACOBS and VAN der VOORT, JJ., dissent.