Commonwealth v. Hentosh

Opinion by

Van der Voort, J.,

On November 29, 1973, in a non-jury trial and after presentation of the Commonwealth’s evidence, counsel for defendant demurred to the evidence. Defendant had been indicted on two counts of violation of “The Controlled Substance, Drug, Device and Cosmetic Act,” specifically, for knowing or intentional possession and dispensing of controlled substance, viz., heroin.1 The Commonwealth now appeals the order sustaining demurrer. Commonwealth v. Yahnert, 216 Pa. Superior Ct. 159, 264 A.2d 180 (1970).

The Defendant directed his demurrer as his counsel put it “toward the…