Commonwealth v. Townsend

Dissenting Opinion by

Spaulding, J.:

The sole question on appeal is whether there was sufficient evidence to sustain appellant’s conviction of carrying a firearm without a license.1

On March 25, 1965, at approximately 8:45 p.m., police officers William Carlin and Fred Bacino were on duty in a patrol car near the intersection of Alle*408gheny Avenue and Fox Street in Philadelphia. Carlin, the driver, observed a Rambler automobile about one car length in front of them which had stopped to let out one of its occupants, later identified as William A. Miller.2 As Miller was getting out of the right side…