Opinion
Argued November 10, 1976.
July 21, 1977.
Indictment charging defendant with possession of a controlled substance with intent to deliver and possession of a controlled substance. Before SMITH, Jr., J., without a jury. Order entered sustaining defendant's demurrer to both counts of indictment. Commonwealth appealed. Appeal, No. 887, April T., 1976, from Court of Common Pleas, Criminal Division, of Allegheny County, No. CC7600012A. Argued November 10, 1976.
Charles W. Johns, Assistant District Attorney, with him Robert E. Colville, District Attorney, for Commonwealth, appellant.
Paulette J. Balogh, Appellate Counsel, with her Ralph J. Cappy, Public Defender, for appellee.
Order affirmed.
PRICE, J., dissents.