Opinion
Argued September 11, 1978.
October 2, 1978.
Indictment charging defendant with possession of a controlled substance and possession of a controlled substance with intent to deliver. Order entered granting defendant's motion to dismiss charges, order by MELLENBERG, J. Commonwealth appealed. Appeal, No. 426, Oct. T., 1978, from Court of Common Pleas of Lehigh County, No. 1770 of 1974. Argued September 11, 1978.
Richard R. Tomsho, Assistant District Attorney, for Commonwealth, appellant; Gerald I. Roth, submitted a brief for appellee.
Before PRICE, HESTER and HOFFMAN, JJ.
Order affirmed.