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COMMONWEALTH v. LOWARY

226 Pa.Super. 115 (1973)

Commonwealth v. Lowary, Appellant.

Superior Court of Pennsylvania.

November 21, 1973.

Attorney(s) appearing for the Case

John R. Merrick, Public Defender, for appellant.

F. Ned Hand, Assistant District Attorney, with him Elliott D. Goldberg, for Commonwealth, appellee.

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

OPINION PER CURIAM, November 21, 1973:

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

OPINION BY SPAETH, J., IN SUPPORT OF REVERSAL:

Appellant was convicted of pointing a firearm in violation of the Act of June 24, 1939, P.L. 872, § 716, 18 P.S. § 4716 (now repealed by Act of December 6, 1972, P.L. 1482, No. 334, § 5, and not recodified...

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