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COMMONWEALTH v. STAWINSKY

234 Pa.Super. 308 (1975)

Commonwealth, Appellant, v. Stawinsky.

Superior Court of Pennsylvania.

April 22, 1975.

Attorney(s) appearing for the Case

Charles W. Johns, Assistant District Attorney, with him Dennis Kissane and Robert L. Eberhardt, Assistant District Attorneys, John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellant.

Stephen P. Swem, Assistant Public Defender, with him Henry C. Lamparski, Assistant Public Defender, and George H. Ross, Public Defender, for appellee.

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

OPINION BY VAN DER VOORT, J., April 22, 1975:

Appeal is taken to this Court from the lower court's order sustaining appellee's demurrer to the evidence to the charge of selling drugs and discharging the appellee-defendant.

Appellee was arrested and charged with delivery of a controlled substance (phencylidine) to an officer of the Pennsylvania State Police Criminal Investigation team. Following indictment by the Grand Jury on three counts, to-wit, possession...

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