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COMMONWEALTH v. JOHNSON (07/12/78)

SUPERIOR COURT OF PENNSYLVANIA


July 12, 1978

COMMONWEALTH
v.
JOHNSON, APPELLANT.

COUNSEL

Paul Messing, Assistant Defender, and Benjamin Lerner, Defender, for appellant; Arthur Lee Dixon, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Opinion PER CURIAM: Judgment of sentence affirmed. SPAETH, J., dissented. Compare this case (56 bags, no evidence of degree of dilution) with Commonwealth v. Santiago, 462 Pa. 216, 340 A.2d 440 (1975) (25 packets, 17 bundles, half pound of heroin, and cutting and packaging equipment); Commonwealth v. Hill, 236 Pa. Super. 572, 346 A.2d 314 (1975) (45 half spoon packets of heroin, 11 packets of cocaine, packaging equipment, and large amount of cash); Commonwealth v. Wright, 234 Pa. Super. 83, 339 A.2d 103 (1975) (possession of 25 packets by defendant proved not to be user); Commonwealth v. Brown, 232 Pa. Super. 463, 335 A.2d 782 (1975) (expert testimony that 71 packets were bundled as seller would do).

19780712

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