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231 Pa. Super. 748

Commonwealth v. Balough

Superior Court of Pennsylvania

Decided December 12, 1974

Superior Court of Pennsylvania · decided 1974-12-12

Relies on 222 Pa. Super. 296 - Commonwealth v. Simpson

Decided 1974-12-12

¶1Opinion

Per Curiam:

¶2Judgment of sentence on the conviction at indictment No. 1691A below is affirmed.

¶3*749Judgment of sentence on those counts of the indictment at No. 1690A below, charging possession, as distinguished from delivery, of Narcotic Drugs, is excessive. See The Controlled Substance, Drug, Device and Cosmetic Act of 1972, 35 P.S. §§780-101, 113. Commonwealth v. Simpson, 222 Pa. Superior Ct. 296, 294 A. 2d 805 (1972).

¶4Remanded for resentence as to Indictment No. 1690A.

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