Commonwealth v. Sojourner

CERCONE, President Judge:

The instant appeal arises from appellant’s conviction following a jury trial of violating the Controlled Substance, Drug, Device and Cosmetic Act (CSDDCA), 35 P.S. § 780-113(a)(16) and (30) (1977); to wit, simple possession and possession with intent to deliver heroin. Following our initial decision in this case which was adverse to the Commonwealth, now published as a companion opinion, we granted its petition for reconsideration, limited solely to the question of whether the Commonwealth must prove in every case, beyond a reasonable doubt, that the accused was not…