Commonwealth v. Jung
| Decision Date | 14 December 1925 |
| Docket Number | 335-1925,336-1925 |
| Citation | 86 Pa.Super. 569 |
| Parties | Commonwealth of Pennsylvania v. Florence Jung, Appellant |
| Court | Pennsylvania Superior Court |
Argued November 20, 1925
Appeal by defendant, from judgment of sentence of Q. S. Philadelphia County, July Sessions, 1925, Nos. 500-501, in the case of Commonwealth of Pennsylvania v. Florence Jung.
Indictment for the unlawful possession and use of narcotic drugs, and keeping a disorderly house. Before McDevitt, J.
The facts are stated in the opinion of the Superior Court.
Verdict of guilty and judgment of sentence was passed on the count of possession and use of drugs. Defendant appealed.
Errors assigned, among others, were the charge of the Court and refusal to direct a verdict in favor of the defendant.
James L. Baxter, and with him George A. Welsh, for appellant.
No appearance and no printed brief for appellee.
Before Porter, Henderson, Trexler, Keller, Linn and Gawthrop, JJ.
The defendant was charged in two separate bills (1) with the unlawful possession and use of drugs, (2) conducting a disorderly house, and was convicted on both charges.
In the police raid made at 12.30 A. M. on premises leased and occupied by the defendant, she was found coming out of a room on the second story in which were seven Chinamen who had been smoking opium. Some of the pipes were still hot and fourteen small cans or toys of opium were found in the room which was filled with opium smoke. The defendant explained her presence in the room by the fact that she had been looking for her dog. The object of the raid was to arrest one " Chit" but he was not about. The defendant claimed " to have command of the place more or less and she wanted to know who would fasten the place up when she was placed under arrest." The defendant argues that there was no evidence that the defendant had the drugs in her possession or under her control. It is true that there was no one of the Commonwealth's witnesses who saw the defendant have the drugs in her manual possession but we think the inference can be legitimately drawn that she had control of the premises and that she had had in her possession the drugs, which either had been used, or were to be used by the Chinamen on the premises. She was the tenant of the house, the man, " Chit," who was supposed to have charge of the premises was gone, and she seemed to be in control and was apparently running...
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Commonwealth v. Blose.
...Com. v. Falls, 102 Pa.Super. 392, 156 A. 894. Furthermore, no appeal lies unless and until a sentence has been imposed. Com. v. Jung, 86 Pa.Super. 569; Com. v. Torr, 111 Pa.Super. 178, 169 A. 238. Consequently, this appeal can apply only to the burglary charge. So far as it was intended to ......
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Commonwealth v. Blose
...... rendered, and sentences imposed, a separate appeal from each. judgment must be taken. Com. v. Schollenberger, 17. Pa.Super. 218; Com. v. Falls, 102 Pa.Super. 392, 156. A. 894. Furthermore, no appeal lies unless and until a. sentence has been imposed. Com. v. Jung, 86. Pa.Super. 569; Com. v. Torr, 111 Pa.Super. 178, 169. A. 238. Consequently, this appeal can apply only to the. burglary charge. So far as it was intended to relate to No. 1. October Term, 1945, it will be quashed. . . Since. the case must be tried again we shall state only a ......
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Commonwealth v. Ferguson
...... the drugs were found in an area accessible only to the owner,. and so the inference of knowledge and control could be made. See also Commonwealth v. Shaffer, 447 Pa. 91, 288 A.2d 727,. cert. denied, 409 U.S. 867, 93 S.Ct. 164, 34 L.Ed.2d 116. (1972); Commonwealth v. Jung, 86 Pa.Super. 569. (1926). . . ......
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Com. v. Ferguson
...v. Shaffer, 447 Pa. 91, 288 A.2d 727, cert. denied, 409 U.S. 867, 93 S.Ct. 164, 34 L.Ed.2d 116 (1972); Commonwealth v. Jung, 86 Pa.Super. 569...