COM. v. SWEETING


364 Pa.Super. 626 (1987)

528 A.2d 978

COMMONWEALTH of Pennsylvania, Appellee, v. Brett Wess SWEETING, Appellant.

Supreme Court of Pennsylvania.

Filed July 16, 1987.


Attorney(s) appearing for the Case

Peter T. Campana, Williamsport, for appellant.

Robert L. Miller, Jr., Assistant District Attorney, Willow Grove, for Com.

Before WIEAND, BECK and CERCONE, JJ.


WIEAND, Judge:

The issue in this appeal is whether a person who intended to possess and sell a controlled substance, who believed he was possessing and selling a controlled substance, and who in fact possessed and sold a controlled substance is entitled to be acquitted on charges of knowingly possessing and possessing with intent to deliver a controlled substance because he was mistaken about the precise chemical nature of the controlled substance.

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