Commonwealth v. Portalatin

Opinion by

Jacobs, J.,

This case presents the issue of whether the reduced penalty for simple possession of heroin under the re*35cently enacted The Controlled Substance, Drug, Device and Cosmetic Act of 19721 is applicable to an offense committed prior to the effective date of the act, if nunc pro tunc motions in arrest of judgment and for a new trial were pending in the case after the effective date of the act. We hold that the penalty under the new act is applicable.

Defendant, on the evening of September 16, 1970, was observed by a police officer on a Philadelphia street in conversation with a…