Commonwealth v. Herman

OPINION BY BOWES, J.:

This is a Commonwealth appeal from the trial court's order granting Appellee's motion for habeas corpus relief. Since the trial court declared some provisions of the Controlled Substance, Drug, Device and Cosmetic Act ("the Act"), 35 P.S. §§ 780-101 et seq. , unconstitutionally vague, we transfer this appeal to our Supreme Court.

*393 This case concerns a chemical compound designated PB-22. The Commonwealth charged Appellee, Joey Wayne Herman, with, inter alia, possession with intent to deliver a controlled substance (PB-22), 1 and possession of a designer drug (PB-22). 2 The…