NO. 2645 October Term, 1979, Appeal from the Order of the Court of Common Pleas, Criminal Division, of Bucks County, 1979, Nos. 1548, 1549, 1550 and 1551.
John J. Kerrigan, Jr., Newtown, for appellant.
Michael S. Goodwin, Assistant District Attorney, Doylestown, for Commonwealth, appellee.
Price, Montemuro and Van der Voort, JJ.*fn*
[ 310 Pa. Super. Page 93]
On December 1, 1978, appellant, Craig W. Dimmig, was arrested at his home and charged with various narcotics offenses, including possession, possession with intent to deliver, and delivery of controlled substances. The information pertaining thereto was encaptioned Information No. 99 of 1979 ("No. 99"). Appellant was tried and convicted of
[ 310 Pa. Super. Page 94]
the December 1, 1978 charge before the Honorable William Hart Rufe, III, in the Court of Common Pleas of Bucks County, sitting without a jury on April 30, 1979.
Four days prior to this conviction appellant was again arrested and charged with four complaints of drug offenses and conspiracy. The informations pertaining to these charges were encaptioned Information Nos. 1548 ("No. 1548"), 1549 ("No. 1549"), 1550 ("No. 1550"), and 1551 ("No. 1551") of 1979.
After each arrest appellant filed a request and motion for a Bill of Particulars, each time stating:
1. Give the exact time, date and place that the offenses alleged in the above-captioned information, counts one through twelve, took place.
The Commonwealth's responses to each request were identical, i.e., the bill of particulars furnished for No. 99 read exactly the same as the one furnished for Nos. ...