Opinion
March 16, 1959.
April 16, 1959.
Criminal Law — Sentence — Mandatory minimum and maximum — Selling drugs — Act of July 19, 1957, P.L. 1013 — Title — Article III, § 3 of the Constitution.
1. On appeal by defendant following conviction and sentence for selling drugs of prohibitive character, in which it appeared that defendant was sentenced to a term of not less than five years and not more than ten years, it was Held that the judgment of sentence of the court below should be affirmed.
2. Defendant's contention that the provision in the Act of 1957, that the defendant shall "undergo imprisonment . . . of not less than five years and not exceeding ten years", meant that his maximum sentence should be not less than five years and not more than ten years, was Held to be without merit.
3. It was Held that the title of the Act of 1957 was not in violation of Article III, § 3 of the Pennsylvania Constitution.
Before RHODES, P.J., HIRT, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ. (GUNTHER, J., absent).
Appeal, No. 134, Oct. T., 1959, from judgment of Court of Quarter Sessions of the Peace of Philadelphia County, June T., 1958, No. 872, in case of Commonwealth of Pennsylvania v. William A. Glover. Judgment affirmed.
Same case in court below: 16 Pa. D. C. 2d 447.
Indictment charging defendant with selling drugs illegally. Before FLOOD, J., without a jury.
Verdict of guilty and judgment of sentence entered thereon. Defendant appealed.
Herman I. Pollock, Defender, with him Bernard Edelson, Assistant Defender, for appellant.
Domenick Vitullo, Assistant District Attorney, with him Juanita Kidd Stout, Assistant District Attorney, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Argued March 16, 1959.
The judgment of sentence of the court below is affirmed on the opinion of Judge FLOOD, as reported in 16 Pa. D. C. 2d 447.