COMMONWEALTH v. HUNTER


226 Pa.Super. 11 (1973)

Commonwealth v. Hunter, Appellant.

Superior Court of Pennsylvania.

November 16, 1973.


Attorney(s) appearing for the Case

Stephen R. Wojdak, for appellant.

Louis A. Perez, Jr., Assistant District Attorney, with him James T. Ranney and Milton M. Stein, Assistant District Attorneys, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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


OPINION PER CURIAM, November 16, 1973:

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

OPINION IN SUPPORT OF REVERSAL BY HOFFMAN, J.:

Appellant contends that an oral statement to the police — the product of unnecessary delay between arrest and arraignment — should have been excluded at trial.

On December 8, 1972, appellant was tried before the Honorable Thomas SHIOMOS sitting without...

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