COM. v. FISHER


426 Pa.Super. 391 (1993)

627 A.2d 732

COMMONWEALTH of Pennsylvania v. Stephen FISHER, Appellant.

Superior Court of Pennsylvania.

Filed May 17, 1993.

Reargument Denied July 30, 1993.


Attorney(s) appearing for the Case

Rose A. McGowan, Moscow, for appellant.

John J. Notarianni, Asst. Dist. Atty., Scranton, for Com., appellee.

Before CIRILLO, BECK and KELLY, JJ.


BECK, Judge.

The issue is whether a defendant can be found guilty of the crime of solicitation to deliver drugs where the facts show he could not have been found guilty of the underlying crimes of delivery of drugs or possession with the intent to deliver drugs. Because we find that the legislature specifically prohibits such a charge, we vacate appellant's judgment of sentence.

Agents from the Scranton...

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