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COMMONWEALTH v. SANTIAGO

462 Pa. 216 (1975)

340 A.2d 440

COMMONWEALTH of Pennsylvania, Appellant, v. Benjamin SANTIAGO et al. COMMONWEALTH of Pennsylvania v. Sheila Ann SANTIAGO, Appellant.

Supreme Court of Pennsylvania.

Decided May 13, 1975.

Attorney(s) appearing for the Case

F. Emmett Fitzpatrick, Jr., Dist. Atty., Richard A. Sprague, First Asst. Dist. Atty., David Richman, Asst. Dist. Atty., Chief, Appeals Div., Maxine J. Stotland, Asst. Dist. Atty., Abraham J. Gafni, Deputy Dist. Atty. for Law, Philadelphia, for appellant.

David Weinstein, Philadelphia, for appellees, Benjamin Santiago and Isidoro Santiago.

Donald M. Moser, Philadelphia, for appellees, Manuel Santiago and Sheila Santiago.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

NIX, Justice.

Appellees, Sheila, Manuel, Isidoro and Benjamin Santiago were convicted by a judge sitting without a jury in Philadelphia County. All four appellees were found guilty of illegal possession of heroin and conspiracy.1 Each was sentenced to a prison term of two to five years. The indictments were laid under The Drug Device and Cosmetic Act, September 26, 1961, P.L. 1664, § 1 et seq.,

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