COMMONWEALTH v. SULLIVAN


446 Pa. 419 (1971)

Commonwealth v. Sullivan, Appellant.

Supreme Court of Pennsylvania.

December 29, 1971.


Attorney(s) appearing for the Case

A. Charles Peruto, for appellant.

J. Bruce McKissock and Carl B. Feldbaum, Assistant District Attorneys, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.


OPINION PER CURIAM, December 29, 1971:

Judgment of sentence is affirmed by an evenly divided Court.

Mr. Chief Justice BELL and Mr. Justice EAGEN would reverse the judgment and discharge the appellant for the reason that there is insufficient evidence to support the conviction.

Mr. Justice COHEN took no part in the decision of this case.

OPINION IN SUPPORT OF ORDER BY MR. JUSTICE POMEROY:

Defendant-appellant Sullivan was convicted of...

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