April 4, 1973
Appeal, No. 223, April T., 1972, from judgment of sentence of Court of Common Pleas of Beaver County, No. 180 of 1971. Indictment charging defendant with violation of The Drug, Device and Cosmetic Act.
Richard E. Davis, Assistant Public Defender, for appellant; Joseph M. Stanichak, Assistant District Attorney, and Joseph S. Walko, District Attorney, for Commonwealth, appellee.
Before Reed, P.j.
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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