NO. 216 October Term, 1979, Appeal from Judgment of Sentence imposed by the Court of Common Pleas of Berks County, Pennsylvania, Criminal Division, to No. 77057101
Alan B. Ziegler, Assistant Public Defender, Reading, for appellant.
J. Michael Morrissey, District Attorney, Reading, for Commonwealth, appellee.
Cercone, President Judge, and Wieand and Louik, JJ.*fn* Wieand, J., files a dissenting statement.
[ 277 Pa. Super. Page 488]
The Appellant has appealed his conviction by a jury of Sale or Illegal Use of Certain Solvents. In his appeal, the Appellant questions whether the weight of the evidence is sufficient to prove that he used the chemical toluene for a purpose prohibited by the statute. The statute provides, under 18 Pa.C.S.A., § 7303, as follows:
"(a) Offense defined. - No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain or nervous system, intentionally smell or inhale the fumes from any substance containing a solvent having the property of releasing toxic vapors or fumes.
(b) Exception. - Subsection (a) of this section shall not apply to the inhalation of any anesthesia for medical or dental purposes.
[ 277 Pa. Super. Page 489]
(c) Possession prohibited. - No person shall, for the purpose of violating subsection (a) of this section, use, or possess for the purpose of so using, any substance containing a solvent having the property of releasing toxic vapors or fumes.
(d) Sale prohibited. - No person shall sell at retail, or offer to sell, to any other person any tube or other container of substance containing a solvent having the property of releasing toxic vapors or fumes, if he has reasonable cause to suspect that the product sold, or offered for sale, will be used for the purpose set forth in subsection (a) of this section.
(e) Grading. - Any person who violates any provision of this section shall be guilty of a misdemeanor of the third degree.
(f) Definition. - As used in this section, the phrase 'any substance containing a solvent having the property of releasing toxic vapors or fumes' shall mean any substance containing one or more of the following chemical compounds: acetone, acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, ...