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COM. v. DUNLAP

474 Pa. 155 (1977)

377 A.2d 975

COMMONWEALTH of Pennsylvania v. Marshall DUNLAP, Appellant.

Supreme Court of Pennsylvania.

Decided August 17, 1977.

Reargument Denied October 3, 1977.

Attorney(s) appearing for the Case

Alfred V. Papa, William M. Panella, New Castle, for appellant.

Paul W. Johnson, Asst. Dist. Atty., New Castle, for appellee.

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

OPINION

PER CURIAM:

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

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

ROBERTS, J., filed an opinion in support of reversal in which POMEROY and MANDERINO, JJ., joined.

OPINION IN SUPPORT OF REVERSAL

ROBERTS, Justice.

I dissent. The district attorney who prosecuted this case also represented the victim in a civil suit...

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