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COM. v. SPAHN

255 Pa.Super. 157 (1978)

386 A.2d 556

COMMONWEALTH of Pennsylvania v. Kay Ann SPAHN, Appellant.

Superior Court of Pennsylvania.

Decided April 13, 1978.

Attorney(s) appearing for the Case

John Woodcock, Jr., Public Defender, Hollidaysburg, for appellant.

J. Michael Dorezas, Assistant District Attorney, and Amos Davis, Altoona, for Commonwealth, appellee.

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

PER CURIAM:

The six Judges who heard 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.

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

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