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COM. v. KELLY

487 Pa. 174 (1979)

409 A.2d 21

COMMONWEALTH of Pennsylvania v. Gerald KELLY, Appellant.

Supreme Court of Pennsylvania.

Decided December 21, 1979.

Attorney(s) appearing for the Case

John W. Packel, Leonard Sosnov, Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Division, Philadelphia, Suzanne McDonough, Philadelphia, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, MANDERINO, LARSEN and FLAHERTY, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

Appellant, Gerald Kelly, was convicted in Philadelphia Municipal Court for possession of a controlled substance. Common Pleas Court denied certiorari and the Superior Court affirmed the conviction.1 This case comes to the Supreme Court on grant of allocatur.

The facts relevant to this appeal are the following:

Two police officers were in a patrol wagon in Philadelphia at...

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