Opinion
Argued November 13, 1972.
April 4, 1973.
Indictment charging defendant with violation of The Drug, Device and Cosmetic Act. Before REED, P.J. Appeal, No. 223, April T., 1972, from judgment of sentence of Court of Common Pleas of Beaver County, No. 180 of 1971. Argued November 13, 1972.
Richard E. Davis, Assistant Public Defender, for appellant; Joseph M. Stanichak, Assistant District Attorney, and Joseph S. Walko, District Attorney, for Commonwealth, appellee.
OPINION PER CURIAM: The record is remanded to the court below for resentence under the Act of April 14, 1972, P.L. 165, 35 P.S. 780-101 to 780-143. See Commonwealth v. Simpson, 222 Pa. Super. 296, 294 A.2d 805 (1972).