Commonwealth v. Simione

Opinion by

Mr. Justice Roberts,

Appellant Frank P. Simione was convicted, after trial by jury in the Lancaster County Common Pleas Court, for violation of Section 4(q) of The Drug, De*475vice and Cosmetic Act.1 He was sentenced to two to five years imprisonment. Tlie Superior Court affirmed the judgment of sentence by a per curiam order, with Judges Hoffman and Cercone joining Judge Spaulding’s dissenting opinion. Commonwealth v. Simione, 218 Pa. Superior Ct. 80, 274 A. 2d 541 (1970). Subsequently this Court granted allocatur. We agree with appellant that the Commonwealth’s evidence was…