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COMMONWEALTH v. HARKINS

459 Pa. 196 (1974)

328 A.2d 156

COMMONWEALTH of Pennsylvania v. James F. HARKINS, Appellant.

Supreme Court of Pennsylvania.

Decided November 20, 1974.

Attorney(s) appearing for the Case

John J. Regule, Mercer, for appellant.

Joseph J. Nelson, Dist. Atty., Robert F. Banks, First Asst. Dist. Atty., Mercer, for appellee.

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

OPINION OF THE COURT

MANDERINO, Justice.

Appellant, James F. Harkins, was tried by a jury and convicted of prison breach. Post-verdict motions were denied and he was sentenced to prison for not less than two nor more than four years. On appeal, the Superior Court was evenly divided and the judgment of sentence therefore remained in effect. Commonwealth v. Harkins, 222 Pa.Super. 104

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