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COM. v. FOWLER

259 Pa.Super. 314 (1978)

393 A.2d 844

COMMONWEALTH of Pennsylvania v. Gregory FOWLER, Appellant.

Superior Court of Pennsylvania.

Decided October 20, 1978.

Attorney(s) appearing for the Case

John W. Packel, Assistant Public Defender, and Benjamin Lerner, Defender, Philadelphia, for appellant.

Steven H. Goldblatt and Deborah E. Glass, Assistant District Attorneys, 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.

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 JACOBS, President Judge and PRICE, J., join.

CERCONE, J., files an opinion in support of reversal.

HOFFMAN, J., files an opinion in support of reversal in which SPAETH, J., joins.

WATKINS, former President Judge, did not participate in the consideration...

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