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COMMONWEALTH v. MARKS

442 Pa. 208 (1971)

Commonwealth, Appellant, v. Marks.

Supreme Court of Pennsylvania.

March 18, 1971.

Attorney(s) appearing for the Case

Arlen Specter, District Attorney, with him Martin H. Belsky and Milton M. Stein, Assistant District Attorneys, James D. Crawford, Deputy District Attorney, and Richard A. Sprague, First Assistant District Attorney, for Commonwealth, appellant.

Richard B. Sigmond, with him Joseph B. Meranze, and Meranze, Katz, Spear & Bielitsky, for appellee.

Before BELL, C.J., JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.

OPINION BY MR. JUSTICE EAGEN, March 18, 1971:

Arnold Marks, also known as Harold S. Marks, was convicted in Philadelphia in a nonjury trial of possessing heroin in violation of The Drug, Device and Cosmetic Act of September 26, 1961, P.L. 1664, § 20, as amended, 35 P.S. § 780-20, and was sentenced by the trial judge to imprisonment for a term of five and one-half to eleven months.

Within thirty days, the district attorney of Philadelphia filed a...

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