COMMONWEALTH v. CUNNINGHAM

No. 274.

35 Pa. D. & C. 2d 527 (1964)

Commonwealth v. Cunningham

Common Pleas Court of Allegheny County, Pennsylvania.

December 11, 1964.


Attorney(s) appearing for the Case

Edward Fagan, Assistant District Attorney, for Commonwealth.

Linn B. Washington, for defendant.

Before Keim and Feigus, JJ. (Specially Presiding, Tenth and Fourteenth Judicial Districts, respectively).


FEIGUS, J., December 11, 1964.

This case is before the Court en banc upon defendant's motion in arrest of judgment following his conviction upon a charge of possession of narcotic drugs following a nonjury trial before Feigus, J., specially presiding.

The narrow legal question for our determination is whether the possession of unplanted fertile marihuana seeds is violative of "The Drug, Device and Cosmetic Act" of September 26, 1961, P. L. 1664, et seq., 35...

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