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COM. v. LONG

262 Pa.Super. 20 (1978)

396 A.2d 463

COMMONWEALTH of Pennsylvania v. Michael LONG, Appellant.

Superior Court of Pennsylvania.

Decided December 28, 1978.

Attorney(s) appearing for the Case

Paulette J. Balogh, Assistant Public Defender, Pittsburgh, for appellant.

Robert L. Eberhardt, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

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

PER CURIAM:

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

VAN der VOORT, J., files an opinion in support of affirmance in which CERCONE and PRICE, JJ., join.

SPAETH, J., files an opinion in support of reversal in which JACOBS, President Judge, and HOFFMAN, J., join.

The above case was decided prior to the retirement of HOFFMAN, J.

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