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COMMONWEALTH v. ERB et al.

232 Pa.Super. 94 (1974)

Commonwealth v. Erb et al., Appellants.

Superior Court of Pennsylvania.

December 11, 1974.

Attorney(s) appearing for the Case

James M. Potter, with him John A. Boccabella, and Liever, Hyman & Potter, for appellants.

Grant E. Wesner, Deputy District Attorney, with him Robert L. VanHoove, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY CERCONE, J., December 11, 1974:

Appellants Dean Erb and Diane Ruth were indicted for simple possession, and possession with intent to deliver, a controlled substance — marijuana. After a hearing court denied appellants' motions to suppress the seized contraband and other tangible incriminating evidence, a jury returned verdicts of guilty of simple possession, but not guilty of possession with intent to deliver. Post trial motions were argued and...

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