COM. v. MORRIS


258 Pa.Super. 24 (1978)

391 A.2d 653

COMMONWEALTH of Pennsylvania v. Bernard MORRIS, Appellant.

Superior Court of Pennsylvania.

Decided July 12, 1978.


Attorney(s) appearing for the Case

Steven Morley, Assistant Public Defender, and Benjamin Lerner, Defender, Philadelphia, for appellant.

Steven H. Goldblatt, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, Philadelphia, for Com., appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


OPINION

PER CURIAM:

The six Judges who decided this case being equally divided, the judgment of sentence is affirmed.

VAN der VOORT, J., files an opinion in support of affirmance in which JACOBS, President Judge, and PRICE, J., join.

SPAETH, J., files an opinion in support of reversal in which HOFFMAN and CERCONE, JJ., join.

WATKINS, former President Judge, did not participate in the consideration or decision of this case.

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