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COMMONWEALTH v. GREEN

232 Pa.Super. 555 (1975)

Commonwealth v. Green, Appellant.

Superior Court of Pennsylvania.

February 27, 1975.

Attorney(s) appearing for the Case

John R. Cook, Trial Defender, John J. Dean, Chief, Appellate Division, and George H. Ross, Public Defender, for appellant.

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

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

OPINION BY CERCONE, J., February 27, 1975:

This appeal arises from the denial of appellant's Post Conviction Hearing Act petition after a hearing thereon. Appellant's sole contention herein is that he was twice sentenced for the same offense in violation of the Fifth Amendment's double jeopardy proscription.

In May, 1970, appellant was indicted on a bill charging both possession and control of narcotic drugs and dealing in narcotic drugs. After a trial without...

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