COMMONWEALTH v. JONES


473 Pa. 381 (1977)

374 A.2d 970

COMMONWEALTH of Pennsylvania v. David JONES, Appellant (two cases).

Supreme Court of Pennsylvania.

Reargument Denied, July 18, 1977.

Decided June 3, 1977.


Attorney(s) appearing for the Case

Herbert L. Olivieri, Philadelphia, Pa., for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., James Garrett, Philadelphia, 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 Judgments of Sentence are affirmed.

Former Chief Justice Jones did not participate in the consideration or decision of this case.

Mr. Justice O'Brien filed an Opinion in Support of Affirmance in which Mr. Chief Justice Eagen and Mr. Justice Pomeroy join.

Mr. Justice Roberts files an Opinion in Support of Reversal in which Mr. Justice Nix and Mr. Justice Manderino join.

...

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