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COM. v. DRISCOLL

485 Pa. 99 (1979)

401 A.2d 312

COMMONWEALTH of Pennsylvania, Appellee, v. Patrick DRISCOLL, Appellant.

Supreme Court of Pennsylvania.

Decided May 1, 1979.

Attorney(s) appearing for the Case

Leonard I. Sharon, Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Charles W. Johns, Asst. Dist. Attys., for appellee.

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

OPINION

MANDERINO, Justice.

Appellant, Patrick Driscoll, was charged with possession, possession with intent to deliver, and delivery of a controlled substance in violation of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. §§ 780-116, 780-130. Pre-trial motions were denied, and he was brought to trial before a judge and jury. A mistrial was declared because of the jury's inability to reach a verdict. In appellant's second trial...

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