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COMMONWEALTH v. HUNT et al.

224 Pa.Super. 177 (1973)

Commonwealth v. Hunt et al., Appellants.

Superior Court of Pennsylvania.

April 4, 1973.

Attorney(s) appearing for the Case

Joseph Michael Smith, with him F. Emmett Fitzpatrick, Jr., and Fitzpatrick & Smith, for appellant.

Vram Nedurian, Jr., Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, April 4, 1973:

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

DISSENTING OPINION BY HOFFMAN, J.:

The question in this appeal is whether the trial court erred in denying appellants access to certain pre-trial statements and records in the possession of the Commonwealth.

Appellants were charged with conspiracy to commit a burglary and burglary of a liquor store in Chester...

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