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COMMONWEALTH v. FORTUNE

456 Pa. 365 (1974)

Commonwealth v. Fortune, Appellant.

Supreme Court of Pennsylvania.

April 23, 1974.

Attorney(s) appearing for the Case

Carolyn E. Temin, with her Susan L. Anderson, for appellant.

Milton M. Stein, Assistant District Attorney, with him James J. Wilson, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before EAGEN, O'BRIEN, ROBERTS, POMEROY and MANDERINO, JJ.

OPINION BY MR. JUSTICE MANDERINO, April 23, 1974:

Appellant, Emma Fortune, on June 16, 1971, in a nonjury trial, was convicted of the illegal possession of narcotic drugs. Act of September 26, 1961, P.L. 1664, § 4(q), 35 P.S. § 780-4(q). Post-verdict motions were denied and the appellant was sentenced to a term of not more than five years imprisonment. The Superior Court affirmed the judgment of sentence per curiam with a dissenting opinion by Judge SPAULDING...

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