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COMMONWEALTH PENNSYLVANIA v. MARGARET IACINO (10/05/79)

filed: October 5, 1979.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
MARGARET IACINO



No. 636 April Term, 1978, Appeal from Order of the Court of Common Pleas, Mercer County, Criminal Division at No. 6, February Session, 1973.

COUNSEL

Frances S. Palmer, Assistant District Attorney, Mercer, for Commonwealth, appellant.

Stephen J. Mirizio, Sharon, for appellee.

Cercone, President Judge, and Price, Van der Voort, Spaeth, Hester and Wieand, JJ. Van der Voort, J., concurs in the result. Spaeth, J., files a concurring opinion in which Cercone, President Judge, joins. Price, J., files a dissenting statement. Wieand, J., files a dissenting statement.

Author: Hester

[ 270 Pa. Super. Page 351]

This is an appeal from the Order of the Court of Common Pleas of Mercer County, Criminal Division, directing the appropriate custodians of criminal records to expunge the official and unofficial records pertaining to charges at the above term and number. The procedural history and facts relevant to the issue are as follows:

Appellee was one of four persons arrested in an apartment in Hermitage Township in Mercer County on November 8, 1972. She was later indicted by the grand jury on ten counts as follows:

(1) Unlawful possession of four ounces of marijuana in violation of Act 64 of 1972, Section 13(a)(16).

[ 270 Pa. Super. Page 352]

(2) Conspiracy with Mark DiBattiste, Doreen J. Price and John DiBattiste and others to possess marijuana in violation of 18 P.S. 3402 [4302].

(3) Unlawful possession of four ounces of marijuana with intent to deliver in violation of Act 64 of 1972, Section 13(a)(30).

(4) Conspiracy with Mark DiBattiste, Doreen J. Price and John DiBattiste concerning the possession of the marijuana with intent to deliver in violation of 18 P.S. 3402 [4302].

(5) Unlawful possession of 189 capsules of Secobarbital, a Schedule III drug, in violation of Act 64 of 1972, Section 13(a)(16).

(6) Conspiracy with Mark DiBattiste, Doreen J. Price and John DiBattiste concerning possession of Secobarbital, in violation of 18 P.S. 3402 [4302].

(7) Unlawful possession of 189 capsules of Secobarbital with intent to deliver in violation of Act 64 of 1972, Section 13(a)(30).

(8) Conspiracy with Mark DiBattiste, Doreen J. Price and John DiBattiste concerning delivery of Secobarbital in violation of 18 P.S. 4302.

(9) Unlawful possession of 2 capsules of Nembutal in violation of Act 64 of 1972, Section 13(a)(16).

(10) Conspiracy with Mark DiBattiste, Doreen J. Price and John DiBattiste concerning possession of Nembutal ...


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