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COMMONWEALTH v. JOHNSON

216 Pa.Super. 245 (1970)

Commonwealth v. Johnson, Appellant.

Superior Court of Pennsylvania.

March 19, 1970.

Attorney(s) appearing for the Case

Don M. Larrabee, II, for appellant.

Allen E. Ertel, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION PER CURIAM, March 19, 1970:

The six Judges who heard this appeal being equally divided, the judgment of sentence is affirmed.

DISSENTING OPINION BY SPAULDING, J.:

I respectfully dissent from affirmance of the judgment of the court below.

Lee Port Johnson, appellant, appeals from the order of the Criminal Division of the Court of Common Pleas of Lycoming County, of June 13, 1969, denying his motion for a new trial after conviction for...

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