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COMMONWEALTH v. BERRIGAN

234 Pa.Super. 370 (1975)

Commonwealth v. Berrigan, Appellant.

Superior Court of Pennsylvania.

April 22, 1975.

Attorney(s) appearing for the Case

Kenneth C. Brown, Assistant Public Defender, with him John A. Felix, Public Defender, for appellant.

Gregory Smith, with him William S. Kieser, Assistant District Attorney, and Allen E. Ertel, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, and SPAETH, JJ. (VAN DER VOORT, J., absent).

OPINION PER CURIAM, April 22, 1975:

The six Judges who heard this appeal being equally divided, the judgment of sentence is affirmed.

OPINION BY JACOBS, J., IN SUPPORT OF AFFIRMANCE:

This is an appeal from the conviction of appellant, Gary S. Berrigan, for possession and delivery of marijuana in violation of The Controlled Substance, Drug, Device and Cosmetic Act1 for which he received a sentence of five years probation...

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