Commonwealth v. Cromartie

Concurring Opinion by

Spaulding, J.:

I concur with the result reached by the majority, but believe that factors not raised in the majority opinion should be discussed.

First, the majority assumes that the subject of controversy here is both the brown envelope and the marijuana which it allegedly contained. However, the opinion of the court below indicates that its decision to grant the demurrer was based on the Commonwealth’s failure to produce the brown envelope alone. By lumping together the two items — the envelope and the drugs —the majority fails to focus on the precise issue raised *281in this…