Commonwealth v. Busfield

• Decision Date: 27 September 1976
• Citation: 363 A.2d 1227,242 Pa.Super. 194
• Parties: COMMONWEALTH of Pennsylvania v. William Sherman BUSFIELD, Appellant.
• Court: Pennsylvania Superior Court

363 A.2d 1227

242 Pa.Super. 194

COMMONWEALTH of Pennsylvania v. William Sherman BUSFIELD, Appellant.

Superior Court of Pennsylvania.

September 27, 1976

Submitted March 1, 1976.

Gary M. Lightman, Harrisburg, for appellant.

Keith B. Quigley, Dist. Atty., New Bloomfield, for appellee.

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

WATKINS President Judge.

This is an appeal from the judgment of sentence of the Court of Common Pleas of Perry County by the defendant-appellant, William Sherman Busfield, after conviction in a non-jury trial of possession of drugs with intent to deliver; and from the denial of post trial motions. He was sentenced to a term of imprisonment of not less than two years nor more than five years.

The facts as set forth in the opinion of the court below are as follows:

'On March 17, 1974, at approximately 10:00 p.m. Corp. Roy I. Krick of the Pennsylvania State Police received an anonymous phone call while on duty at the Duncannon Station of the Pennsylvania State Police. Said telephone call was to the effect that a vehicle bearing an out-of-state license plate was parked at property known as 532 South Fourth St., Newport, Oliver Township, Perry County Pennsylvania, and that people were seen removing packages from said automobile. Said property had been the object of prior police surveillance.

'Immediately after receiving said anonymous telephone call, Corp. Krick and Trooper Robert Howell of the Pennsylvania State Police, proceeded to the property located at 532 South Fourth St., Newport, Oliver Township, Perry County, Pennsylvania. Shortly ater their arrival, the police secured the permission of one Chester Carl, the owner of property immediately adjacent to the north of the residence at 532 South Fourth Street. From the property of Mr. Chester Carl, the officers were able to peer through the kitchen window of the Busfield property. Said window was covered only by a sheer curtain, light in color, covering the entire window, but which did not hinder or obstruct the view of the police officers. From their vantage point on the property owned by Mr. Chester Carl, said officers were able to observe, without difficulty, the activity of four males inside the kitchen of the Busfield residence.

'While looking through the kitchen window, the officers observed the following:

'a. Immediately inside of the window, to the left, a set of scales. The type used in a supermarket.

'b. Immediately beside the scales, laying on a counter or table, was a package of what appeared to be marijuana. The contents of the package which appeared to be marijuana was in a brick form and was wrapped in red cellophane. It had been opened up an during the time that Corp. Krick was looking through the window one of the individuals which Corp. Krick identified to be Mr. Busfield, the defendant, picked up the package and set it on the scales and weighed it.

'c. After weighing the package Mr Busfield set it down and began passing a cigarette around to four males who were kneeling on the floor.

'd. The four males who were kneeling on the floor who were identified by Corp. Krick as the defendants, Mr. Koman, Mr. Young and Mr. Busfield and an unidentified individual, appeared to Corp. Krick to be packing something or wrapping something which he could not identify.

'e. Corp. Krick made said observation for (sic) a point two to three feet from the outside of the window for a period of several minutes.

'f. The substance which Corp. Krick observed through the window was in brick form of the kilo type, had a texture of something like alfalfa hay with stems and leaves.

'g. Corp. Krick had previously seen marijuana and believed the substance which he was looking at to be marijuana.

'The observations made by the police were communicated to Trooper Jack I. Gibboney of the Pennsylvania State Police. Said Trooper Gibboney was the affiant of an application for a search warrant presented to District Magistrate Orin E Soule, Magisterial District No. 41--3--04, to search the premises known as 532 South Fourth St., Newport, Oliver Township, Perry County, Pennsylvania, to look for marijuana and related paraphernalia, being a violation of The Controlled Substance, Drug, Device and Cosmetic Act, 1972, April 14, P.L....