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COMMONWEALTH v. BALOUGH

231 Pa.Super. 748 (1974)

Commonwealth v. Balough, Appellant.

Superior Court of Pennsylvania.

December 12, 1974.

Attorney(s) appearing for the Case

John H. Corbett, Jr., Trial Defender, with him John J. Dean, Chief, Appellate Division, and George H. Ross, Public Defender, for appellant.

Robert L. Eberhardt, Assistant District Attorney, with him John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellee.

OPINION PER CURIAM:

Judgment of sentence on the conviction at indictment No. 1691A below is affirmed.

Judgment of sentence on those counts of the indictment at No. 1690A below, charging possession, as distinguished from delivery, of Narcotic Drugs, is excessive. See The Controlled Substance, Drug, Device and Cosmetic Act of 1972, 35 P.S. §§ 780-101, 113. Commonwealth v. Simpson,

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