Opinion
Argued June 16, 1971.
August 12, 1971.
Indictment charging defendant with illegal possession and sale of narcotic drugs. Before BRUNO, J., without a jury. Appeal, No. 219, Oct. T., 1971, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, March T., 1970, No. 1883. Argued June 16, 1971.
John W. Packel, Assistant Defender, with him Thomas C. Carroll, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant; Milton M. Stein, Assistant District Attorney, with him Norris E. Gelman, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
OPINION PER CURIAM: Judgment of sentence on the count charging possession of narcotic drugs, is affirmed. Judgment of sentence on the count charging sale, or transfer, of narcotic drugs, is vacated. See Commonwealth ex rel. Ciampoli v. Heston, 292 Pa. 501, 141 A. 287 (1928); Commonwealth v. Phillips, 215 Pa. Super. 5, 257 A.2d 81 (1969).
SPAULDING, J., absent.