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COM. v. JOHNSTON

515 Pa. 454 (1987)

530 A.2d 74

COMMONWEALTH of Pennsylvania, Appellee, v. Dwight Cameron JOHNSTON, Appellant.

Supreme Court of Pennsylvania.

Decided August 5, 1987.

Reargument Denied November 2, 1987.

Attorney(s) appearing for the Case

Frank W. Ittel, Jr., Pittsburgh, for appellant.

David L. Cook, Dist. Atty., David A. Hepting, Robert F. Hawk, Asst. Dist. Attys., Butler, for appellee.

Before LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

Appellant was tried before the Court of Common Pleas of Butler County, Criminal Division for two violations of the Controlled Substance, Drug, Device and Cosmetic Act. The court, sitting without a jury, convicted him of one count of possessing marijuana with intent to deliver, 35 P.S. § 780-113(a)(30) and one count of possession of marijuana, 35 P.S. § 780-113(a)...

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