Commonwealth v. Legree

CERCONE, Judge:

The instant appeal arises from appellant’s conviction, following a trial by jury, of possession of a controlled substance and possession with intent to deliver a controlled substance. Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. §§ 780-113(a)(16) & (30) (1977). The controlled substance was heroin and appellant received a sentence of llVz to 23 months in prison. There is no quarreling with the sufficiency of the Commonwealth’s evidence; appellant sold four bags of heroin to an informant in the presence of an undercover narcotics agent, Shirley Dows. Agent Dows…