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COMMONWEALTH v. TEDDER

458 Pa. 663 (1974)

Commonwealth, Appellant, v. Tedder.

Supreme Court of Pennsylvania.

December 5, 1974.

Attorney(s) appearing for the Case

Louis R. Paulick, Assistant District Attorney, with him Robert L. Eberhardt, Assistant District Attorney, John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellant.

Nancy N. Nowlis, Assistant Public Defender, with her John R. Cook and John J. Dean, Assistant Public Defenders, and George H. Ross, Public Defender, for appellee.

Before EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION PER CURIAM, December 5, 1974:

The Court being equally divided, the order of the Court below is affirmed.

Mr. Chief Justice JONES took no part in the consideration or decision of this case.

OPINION IN SUPPORT OF ORDER OF AFFIRMANCE BY MR. JUSTICE O'BRIEN:

The evidence presented by the Commonwealth in this case was insufficient to prove appellant's identity as the perpetrator of the crime beyond a reasonable doubt.

Mr. Justice...

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