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COMMONWEALTH v. BALOUGH (12/12/74)

THE SUPERIOR COURT OF PENNSYLVANIA


December 12, 1974

COMMONWEALTH
v.
BALOUGH, APPELLANT.

Appeal, No. 364, April T., 1974, from judgments of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, Feb. T., 1973, Nos. 1690A and 1691A.

COUNSEL

John H. Corbett, Jr., Trial Defender, with him John J. Dean, Chief, Appellate Division, and George H. Ross, Public Defender, for appellant; Robert L. Eberhardt, Assistant District Attorney, with him John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellee.

Before Wessel, Jr., J.

Reports of cases decided by the Superior Court in which the order, decree, judgment or decision of the court below or of an administrative agency was affirmed or otherwise disposed of without opinion or without extended opinion.

Indictments charging defendant with unlawful possession of and dealing in narcotic drugs.

Opinion PER CURIAM.

Disposition

[ 231 Pa. Super. Page 749]

Judgment of sentence on the conviction at indictment No. 1691A below is affirmed. Page 749} Judgment of sentence on those counts of the indictment at No. 1690A below, charging possession, as distinguished from delivery, of Narcotic Drugs, is excessive. See The Controlled Substance, Drug, Device and Cosmetic Act of 1972, 35 P.S. ยงยง 780-101, 113. Commonwealth v. Simpson, 222 Pa. Superior Ct. 296, 294 A.2d 805 (1972).

Remanded for resentence as to Indictment No. 1690A.

19741212

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