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COM. v. DUNCAN

257 Pa.Super. 277 (1978)

390 A.2d 820

COMMONWEALTH of Pennsylvania v. Herman Nathanuel DUNCAN, Appellant.

Superior Court of Pennsylvania.

Decided July 12, 1978.

Attorney(s) appearing for the Case

Frederic G. Antoun, Jr., Assistant Public Defender, Harrisburg, for appellant.

Peter J. Anderson, Deputy District Attorney, and LeRoy S. Zimmerman, District Attorney, Harrisburg, 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 case being equally divided, the judgment of sentence is affirmed.

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

OPINION IN SUPPORT...

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