Commonwealth v. Samuels

JOHNSON, Judge:

Appellant was convicted of receiving stolen property1 after a non-jury trial on January 5, 1982 and subsequently sentenced to six to twelve months imprisonment. This direct appeal followed.

The record indicates that police obtained a search warrant on April 28, 1981 to search appellant’s residence for controlled substances. The warrant affidavit set forth that three police officers had observed what appeared to be a *564marijuana plant on the roof of appellant’s residence on the previous day. The affiant officer had, later that previous day, proceeded to the residence, but observed…