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COM. v. ERNST

476 Pa. 102 (1977)

381 A.2d 1245

COMMONWEALTH of Pennsylvania v. Kenneth ERNST, Appellant.

Supreme Court of Pennsylvania.

Decided December 1, 1977.

Rehearing Denied February 2, 1978.

Attorney(s) appearing for the Case

Sanford A. Krevsky, Public Defender, Thomas C. Zerbe, Harrisburg, for appellant.

Marion E. MacIntyre, 2nd Asst. Dist. Atty., Harrisburg, for appellee.

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

ORDER OF THE COURT

PER CURIAM:

The judgment of sentence is affirmed by an equally divided Court.

POMEROY, J., files an Opinion in Support of Affirmance in which EAGEN, C.J., joins. NIX, J., concurs in the result of this Opinion.

ROBERTS, J., files an Opinion in Support of Reversal in which O'BRIEN, J., and MANDERINO, J., join.

JONES, former C.J., did not participate in the decision of this case.

OPINION IN SUPPORT OF AFFIRMANCE...

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