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COMMONWEALTH v. STRAUB (01/03/74)

January 3, 1974

COMMONWEALTH
v.
STRAUB, APPELLANT.



Appeal, No. 213, April T., 1973, from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, June T., 1971, No. 5044.

COUNSEL

Stanton D. Levenson, and Watzman, Levenson and snyder, for appellant; Robert L. Eberhardt, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Before O'malley, J., without a jury.

Opinion PER CURIAM: The Commonwealth being in agreement, the conviction is affirmed and the record remanded for resentence under The Controlled Substance, Drug, Device and Cosmetic Act of 1972, 35 P.S. §§ 780-101. See Commonwealth v. Simpson, 222 Pa. Superior Ct. 296, 294 A.2d 805 (1972).

SPAULDING, J., absent.

19740103

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