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COMMONWEALTH v. ALLEN

445 Pa. 156 (1971)

Commonwealth v. Allen, Appellant.

Supreme Court of Pennsylvania.

October 12, 1971.

Attorney(s) appearing for the Case

David O'Hanesian, and Forsyth, Fowkes & O'Hanesian, for appellant.

Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.

OPINION PER CURIAM, October 12, 1971:

Judgment of sentence affirmed. See Com. v. Camm, 443 Pa. 253, 277 A.2d 325 (1971).

DISSENTING OPINION BY MR. JUSTICE ROBERTS:

I must dissent.

Appellant Wilbur Allen was convicted of the unlawful sale and possession of narcotics following trial by jury. Post-trial motions were argued and denied, and on June 13, 1969, appellant was sentenced to a

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