Commonwealth v. Stawinsky

Opinion by

Van der Voort, J.,

Appeal is taken to this Court from the lower court’s order sustaining appellee’s demurrer to the evidence to the charge of selling drugs and discharging the appellee-defendant.

Appellee was arrested and charged with delivery of a controlled substance (phencylidine) to an officer of the Pennsylvania State Police Criminal Investigation team. Following indictment by the Grand Jury on three counts, to-wit, possession, possession with intent to deliver and delivery of controlled substances, in violation of Section 13 of The Controlled Substance, Drug, Device and Cosmetic…