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COM. v. BROWN

288 Pa.Super. 171 (1981)

431 A.2d 343

COMMONWEALTH of Pennsylvania v. Timothy BROWN, Appellant.

Superior Court of Pennsylvania.

Filed June 19, 1981.

Attorney(s) appearing for the Case

Geoffrey Graham, Assistant Public Defender, Doylestown, for appellant.

Michael Kane, District Attorney, Doylestown, submitted a brief on behalf of Commonwealth, appellee.

Before PRICE, WICKERSHAM and LIPEZ, JJ.

LIPEZ, Judge:

In a jury trial, appellant was convicted of possession of a controlled substance (marijuana) and possession of a controlled substance with intent to deliver. Post-verdict motions were timely filed. The court below arrested judgment on the charge of possession with intent to deliver, since it had not been charged in the original information, but only added by amendment, in violation of Pa.R.Crim.P. 229 and Commonwealth v. Herstine,

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