Opinion
Argued November 13 1973.
January 3, 1974.
Indictment charging defendant with unlawful possession of and dealing in narcotic and dangerous drugs. Before FIOK, J., without a jury. Appeal, No. 14, April T., 1973, from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, April T., 1971, No. 3154. Argued November 13, 1973.
James H. Logan, for appellant; Richard Douglas Carleton, with him Robert L. Eberhardt, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
The Commonwealth being in agreement, the conviction is affirmed and the record remanded for resentence under The Controlled Substance, Drug, Device and Cosmetic Act of 1972, 35 P.S. §§ 780-101. See Commonwealth v. Simpson, 222 Pa. Super. 296, 294 A.2d 805 (1972).
SPAULDING, J., absent.