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COM. v. COLBERT

476 Pa. 531 (1978)

383 A.2d 490

COMMONWEALTH of Pennsylvania v. John COLBERT, Appellant.

Supreme Court of Pennsylvania.

Decided January 26, 1978.

Attorney(s) appearing for the Case

James J. Phelan, Jr., Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Maxine Stotland, Asst. Dist. Atty., 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 judgment of sentence is affirmed.

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

EAGEN, C.J., filed an opinion in support of affirmance in which POMEROY and NIX, JJ., joined.

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

OPINION IN SUPPORT OF AFFIRMANCE

EAGEN, Chief Justice.

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