COMMONWEALTH v. SIMIONE


218 Pa.Super. 80 (1970)

Commonwealth v. Simione, Appellant.

Superior Court of Pennsylvania.

November 18, 1970.


Attorney(s) appearing for the Case

S.R. Zimmerman, III, with him Geisenberger, Zimmerman, Pfannebecker & Gibbel, for appellant.

George T. Brubaker, Assistant District Attorney, with him Clarence C. Newcomer, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.


OPINION PER CURIAM, November 18, 1970:

Judgment of sentence affirmed.

DISSENTING OPINION BY SPAULDING, J.

I respectfully dissent.

Appellant, Frank Simione, appeals from denial of his motions in arrest of judgment and for a new trial. On May 29, 1970, in the Court of Common Pleas of Lancaster County, he was convicted by a jury of selling one gram of hashish in violation of The Pennsylvania...

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