Commonwealth v. Metzger

VAN der VOORT, Judge:

Appellant was convicted of violation of the Drug, Device and Cosmetic Act, April 14, 1972, P.L. 233, No. 64, 35 P.S. § 780-113(a)(30), by a jury on September 25, 1975. 1 On appeal, appellant raises only one issue. He maintains that the evidence was insufficient to establish that he participated in the delivery of the drugs thereby making him criminally liable under 35 P.S. § 780-113(a)(30). He argues that his action of merely being an errand boy, “conduit” as he refers to it, without receiving any pecuniary gain, in a sale consummated between two other people does not…