COM. v. LEHMAN


265 Pa.Super. 480 (1979)

402 A.2d 539

COMMONWEALTH of Pennsylvania, Appellant, v. Dallen B. LEHMAN.

Superior Court of Pennsylvania.

Decided April 25, 1979.

Petition for Allowance of Appeal Denied August 15, 1979.


Attorney(s) appearing for the Case

David B. Hartman, Assistant District Attorney, Somerset, for Commonwealth, appellant.

Ronald P. Rusinak, Johnstown, for appellee.

Before JACOBS, President Judge, and HOFFMAN, CERCONE, PRICE, VAN der VOORT, SPAETH and HESTER, JJ.


VAN der VOORT, Judge:

Defendant was charged with possession of marijuana and with intention to deliver marijuana. He filed an "Application to Suppress Evidence," on which a suppression hearing was held. One of two arresting officers testified. The suppression judge ordered the evidence suppressed; and the Commonwealth has appealed the ruling.

The evidence supports, and the judge found these facts, (Opinion by SHAULIS, J., pp. 3-4):

Shortly before...

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