April 4, 1973
Appeals, Nos. 218 and 219, April T., 1972, from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, Jan. T., 1970, No. 786, and Feb. T., 1970, No. 1060. Indictment charging defendant with unlawful possession of marijuana.
Stanton D. Levenson and Carl Max Janavitz, with them Watzman, Levenson & Snyder, and Janavitz, Janavitz & Kanfoush, for appellant; Robert L. Campbell, Assistant District Attorney, with him Robert L. Eberhardt, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
Before Fiok, J. Indictment charging defendant with unlawful possession of narcotic drugs. Before Fiok, J., without a jury.
Opinion PER CURIAM: The record is remanded to the court below for resentence under the Act of April 14, 1972, P.L. 165, 35 P.S. 780-101 to 780-143. See Commonwealth v. Simpson, 222 Pa. Superior Ct. 296, 294 A.2d 805 (1972).
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