COMMONWEALTH v. HIRSCH


220 Pa.Super. 238 (1971)

Commonwealth v. Hirsch, Appellant.

Superior Court of Pennsylvania.

September 30, 1971.


Attorney(s) appearing for the Case

Rudolph Zieger, Jr., Assistant Public Defender, for appellant.

Wardell F. Steigerwalt, Assistant District Attorney, with him George J. Joseph, District Attorney, for Commonwealth, appellee.

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


OPINION PER CURIAM, September 30, 1971:

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

DISSENTING OPINION BY HOFFMAN, J.:

Appellant and two co-defendants were charged with the commission of an armed robbery. Prior to commencement of trial, defense counsel made a motion to challenge the jury panel on the ground that prejudicial matter had been distributed to them. The information was that both co-defendants...

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