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COM. v. POSSINGER

264 Pa.Super. 332 (1979)

399 A.2d 1077

COMMONWEALTH of Pennsylvania v. Lynn H. POSSINGER, Appellant.

Superior Court of Pennsylvania.

Decided March 16, 1979.

Attorney(s) appearing for the Case

Louis Lipschitz, Philadelphia, for appellant.

Robert B. Lawler, Assistant District Attorney Chief, Appeals Division, Philadelphia, for Commonwealth, appellee.

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

SPAETH, Judge:

Following a non-jury trial, appellant, a physician, was convicted on seven counts of feloniously dispensing a controlled substance.1 The evidence viewed in the light most favorable to the Commonwealth establishes the following facts.

COUNT I. On June 9, 1975, Robert Bongard, an undercover agent for the Philadelphia Police Department who weighs 160 pounds and is 6 feet 1 inch tall, went to appellant's office...

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