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COMMONWEALTH v. LAURIA

221 Pa.Super. 179 (1972)

Commonwealth v. Lauria, Appellant.

Superior Court of Pennsylvania.

March 30, 1972.

Attorney(s) appearing for the Case

Wendell G. Freeland, with him Lichtenstein and Bartiromo, for appellant.

Robert L. Campbell, Assistant District Attorney, with him Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, March 30, 1972:

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

DISSENTING OPINION BY CERCONE, J.:

I respectfully dissent.

James Lauria has appealed from his conviction and sentence, after trial by jury, on charges of operating a lottery and conspiracy to do an unlawful act. He contends, inter alia, that the trial constituted double jeopardy in violation of his constitutional...

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