Commonwealth v. Potter

CIRILLO, Judge:

Appellant, Frank J. Potter, owns a small shop called “Fifth Street Jazz.” In colloquial terms, the store is a “Head Shop”: most of the inventory is commonly used in connection with prohibited controlled substances. Pursuant to a search warrant, a narcotics detective seized the bulk of appellant’s inventory. After a jury trial, appellant was convicted of possession with intent to deliver drug paraphernalia in violation of 35 P.S. § 780-113(a)(33) and was sentenced to three months probation.

The first issue raised on the appeal is whether the trial judge properly instructed the…