COM. v. BRESLIN


287 Pa.Super. 455 (1981)

430 A.2d 692

COMMONWEALTH of Pennsylvania v. Hugh BRESLIN and Daniel Breslin, Appellants.

Superior Court of Pennsylvania.

Filed May 29, 1981.


Attorney(s) appearing for the Case

Stanford Shmukler, Philadelphia, for appellant (at No. 914).

Joel H. Slomsky, Philadelphia, for appellant (at No. 915).

Edmund G. Flynn, Assistant District Attorney, Stroudsburg, for Commonwealth, appellee.

Before HESTER, DiSALLE and POPOVICH, JJ.


PER CURIAM:

A jury found appellants, Hugh Breslin and Daniel Breslin, guilty of violating § 13(a)(30) of the Controlled Substance, Drug, Device and Cosmetic Act.1 This direct appeal followed and for the reasons discussed herein, we vacate the judgments and remand for a new trial.

On November 3, 1977, appellants (who are brothers) were arrested and charged with the unauthorized "manufacture, delivery, or possession with intent...

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