Opinion
September 13, 1962.
November 15, 1962.
Criminal Law — Evidence — Search and seizure — Probable cause — Information from anonymous source — Defendants on railroad platform — "Tracks" and scars on hands of person — Probable cause for arrest — Search incident to arrest.
On appeal by defendant following conviction with another and sentence on an indictment charging use and possession of narcotic drugs, in which it appeared that two police officers went to a railroad station without a warrant to investigate a lead from an unidentified informer that two people had in their possession narcotic drugs; that the officers observed defendant with a woman, his co-defendant, on the station platform, and noted "tracks" and scars on the backs of the hands of the woman; that they placed both defendant and the woman under arrest, and upon searching defendant found a hypodermic needle, an eye dropper, and a burned bottle cap containing residue of heroin and quinine; that defendant contended that the drug paraphernalia should not have been received into evidence; and that the court below, holding that the officers had probable cause to believe that a felony was being committed by both defendants and therefore arrest without a warrant was valid, and that a reasonable search of defendants, who at the time were fleeing or likely to take flight to another city, was also lawful as incident to the arrest, refused defendant's motion in arrest of judgment; it was Held that the judgment of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 354, Oct. T., 1962, from judgment of Court of Oyer Terminer, General Jail Delivery and Quarter Sessions of Philadelphia County, Feb. T., 1962, No. 1524, in case of Commonwealth v. Edward Hodgester. Judgment affirmed.
Same case in court below: 28 Pa. D. C. 2d 472.
Indictment charging defendant and another with unlawful use and possession of narcotic drugs. Before CHUDOFF, J., without a jury.
Defendant adjudged guilty and judgment of sentence entered. Defendant appealed.
Edward Hodgester, appellant, in propria persona.
Burton Satzberg and Arlen Specter, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.
Submitted September 13, 1962.
Judgment of sentence of the court below is affirmed on the opinion of Judge CHUDOFF for the court below, as reported in 28 Pa. D. C.2d 472.