Commonwealth v. Walker

Dissenting Opinion by

Spaeth, J.:

Appellant was convicted of possession of marijuana totaling two grains or .00457 ounces.1 The marijuana consisted of the residue or brown ash found in a pipe that police officers retrieved from a cupboard drawer *156in appellant’s kitchen.2 This residue was not loose in the pipe, nor could its nature as residue of burnt marijuana be determined by the naked eye. A chemist employed by the Delaware County District Attorney’s Office conducted tests on the residue. At appellant’s trial, he testified that he was able to extract the residue from the pipe by “pounding [it]…