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COMMONWEALTH v. PINNO

211 Pa.Super. 434 (1967)

Commonwealth v. Pinno, Appellant.

Superior Court of Pennsylvania.

December 15, 1967.

Attorney(s) appearing for the Case

Michael J. Wherry, for appellant.

Joseph J. Nelson, Assistant District Attorney, with him Edward M. Bell, District Attorney, for Commonwealth, appellee.

Before ERVIN, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ. (WRIGHT, J., absent).

OPINION PER CURIAM, December 15, 1967:

The six judges who heard the argument of this appeal being equally divided in opinion, the judgment of sentence of the court below is affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

Defendant was charged and convicted of burglary. During the prosecution of the trial, the defendant moved to suppress certain evidence taken from his automobile on the ground that the search and seizure was

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