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COM. v. SWAB

255 Pa.Super. 57 (1978)

386 A.2d 133

COMMONWEALTH of Pennsylvania v. Kenneth Brian SWAB, Appellant.

Superior Court of Pennsylvania.

Decided April 28, 1978.

Attorney(s) appearing for the Case

Gerald C. Grimaud, Tunkhannock, for appellant.

James E. Davis, District Attorney, Tunkhannock, 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.

JACOBS, President Judge, and HOFFMAN and SPAETH, JJ., dissent and would vacate and remand for sentencing under Commonwealth v. Lockhart, 223 Pa.Super. 60, 296 A.2d 883 (1977)...

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