Commonwealth v. Kelly

PRICE, Judge:

On March 2,1976, appellant Gerald Kelly was found guilty in the Municipal Court of Philadelphia of possessing a controlled substance.1 On May 12, 1976, his petition for a writ of certiorari to the Court of Common Pleas of Philadelphia County was denied. We affirm the order of the lower court.

At approximately 9:00 p. m. on November 8,1975, Officers William Atwell and Francis Czarnecki of the Philadelphia Police Department were patrolling their assigned district in a patrol wagon. At the intersection of Fifty-fifth and Pine Streets, the officers observed an automobile being…