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COM. v. FISHER

276 Pa.Super. 72 (1980)

419 A.2d 100

COMMONWEALTH of Pennsylvania, Appellant, v. John A. FISHER and James Joseph Maloney.

Superior Court of Pennsylvania.

Filed March 14, 1980.

Petition for Allowance of Appeal Denied December 3, 1980.

Reargument Denied May 19, 1980.

Attorney(s) appearing for the Case

Ronald T. Williamson, Assistant District Attorney, Norristown, for Commonwealth, appellant.

Richard D. Winters, Norristown, for John A. Fisher, appellee.

Frederick W. McBrien, III, Norristown, for James Joseph Maloney, appellee.

Before CERCONE, President Judge, and WATKINS and HOFFMAN, JJ.

CERCONE, President Judge:

The Commonwealth's appeal in this case arises from the lower court's granting of the defendants' motions in arrest of judgment on the charges of possession with intent to deliver a controlled substance.1 The basis for the lower court's order was our original decision in Commonwealth v. Sojourner, 268 Pa.Super. 472

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