COMMONWEALTH v. BROWN


228 Pa.Super. 164 (1974)

Commonwealth v. Brown, Appellant.

Superior Court of Pennsylvania.

June 21, 1974.


Attorney(s) appearing for the Case

Martin A. Ostrow, for appellant.

David Richman, Assistant District Attorney, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

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


OPINION PER CURIAM, June 21, 1974:

Appellant contends that the lower court erred in sentencing him pursuant to The Drug, Device and Cosmetic Act of 1961.

On August 25th and 29th, 1972, the appellant was tried and convicted of felonious sale and possession of narcotic drugs before the Honorable Theodore S. GUTOWICZ and a jury in the Court of Common Pleas of Philadelphia County. On December 14, 1972, Judge GUTOWICZ sentenced appellant to serve a term of five...

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