Commonwealth v. Coleman

SPAETH, Judge,

in support of reversal:

While I agree that the evidence was sufficient to prove possession of heroin, I cannot agree that it was sufficient to prove that appellant brought the drug* into prison.

There being no direct evidence that appellant brought heroin into prison, his conviction on that charge rests solely on inferences from circumstantial evidence. Such evidence may be sufficient, as the cases cited by Judge IPrice demonstrate, provided we are satisfied that “the inferred fact is more likely than not to flow from the proved fact on which it is made to depend.” Judge Price’s…