Supreme Court of Pennsylvania January 28, 1977, 76 Misc. Docket 21 (Commonwealth v. Terry)

*236

OPINION OF THE COURT

EAGEN, Justice.

Arnold Terry was arrested at his residence in Philadelphia and charged with possession of a controlled substance (marijuana) with intent to deliver, contrary to the provisions of the Controlled Substance, Drug, Device and Cosmetic Act, Act of April 14, 1972, P.L. 233, No. 64, § 13,

as amended,

35 P.S. § 780-113 (Supp.1976-77).