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COMMONWEALTH v. PORTALATIN

223 Pa.Super. 33 (1972)

Commonwealth v. Portalatin, Appellant.

Superior Court of Pennsylvania.

November 16, 1972.

Attorney(s) appearing for the Case

Mary Bell Hammerman, for appellant.

Richard D. Steel and Milton M. Stein, Assistant District Attorneys, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION BY JACOBS, J., November 16, 1972:

This case presents the issue of whether the reduced penalty for simple possession of heroin under the recently enacted The Controlled Substance, Drug, Device and Cosmetic Act of 19721 is applicable to an offense committed prior to the effective date of the act, if nunc pro tunc motions in arrest of judgment and for a new trial were pending...

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