Commonwealth v. Lewis

Opinion of the Court by

Judge Cammack

Certifying the law.

On this appeal the Commonwealth asks a certification of the law in regard to the right of an officer, after a legal arrest has been made, to search the personal property of the one arrested. The appeal is an outgrowth of the action of the trial court in directing a verdict at the conclusion of the evidence offered by the Commonwealth in favor of Sonny Lewis on a charge of carrying concealed a deadly weapon.

The points urged by the Commonwealth are:

“(1) An officer may make an arrest when a misdemeanor is committed within his presence and…