Opinion
March 10, 1975.
September 22, 1975.
Commonwealth v. Boyer, 236 Pa. Super. 214 (1975) held controlling.
Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT, and SPAETH, JJ.
Appeal, No. 130, March T., 1974, from order and judgment of sentence of Court of Common Pleas of Dauphin County, No. 1108 C.D. of 1973, in case of Commonwealth of Pennsylvania v. Jacqueline Hudson. Order and 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.
Arthur K. Dils, and Dils and Diveglia, for appellant.
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.
Submitted 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, Jacqueline Hudson, 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.