
    Commonwealth v. Balough, Appellant.
    Before Wessel, Jr., J.
    Argued November 12, 1974.
    
      John H. Corbett, Jr., Trial Defender, with him John J. Dean, Chief, Appellate Division, and George H. Ross, Public Defender, for appellant; Robert L. Eberhardt, Assistant District Attorney, with him John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellee.
   Opinion

Per Curiam:

Judgment of sentence on the conviction at indictment No. 1691A below is affirmed.

Judgment of sentence on those counts of the indictment at No. 1690A below, charging possession, as distinguished from delivery, of Narcotic Drugs, is excessive. See The Controlled Substance, Drug, Device and Cosmetic Act of 1972, 35 P.S. §§780-101, 113. Commonwealth v. Simpson, 222 Pa. Superior Ct. 296, 294 A. 2d 805 (1972).

Remanded for resentence as to Indictment No. 1690A.  