COM. v. SOJOURNER


268 Pa.Super. 472 (1978)

408 A.2d 1100

COMMONWEALTH of Pennsylvania v. Eugene SOJOURNER, Appellant.

Superior Court of Pennsylvania.

Filed July 12, 1978.

Rehearing Granted August 21, 1978.


Attorney(s) appearing for the Case

David Rudovsky, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, with him F. Emmett Fitzpatrick, District Attorney, Philadelphia, for Commonwealth, appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


SPAETH, Judge:

Appellant was convicted of violations of the Controlled Substance, Drug, Device and Cosmetic Act, Act of April 14, 1972, P.L. 233, No. 64, § 13(a)(16) and (30), as amended, 35 P.S. § 780-113(a)(16) and (30). He makes four arguments for a new trial: (1) his motion to suppress evidence should have been granted; (2) the Commonwealth failed to prove intent to deliver; (3) the trial judge erred in charging the jury; and (4) the trial judge responded...

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