Commonwealth v. Marks

Opinion by

Mb. Justice Eagen,

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 petition for Reconsideration of Sentence and requested the court to exercise the power assertedly given under the Act of June 1, 1959, P. L. 342, §1, 12 *210P.S. §1032…