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COM. v. POTTER

478 Pa. 251 (1978)

386 A.2d 918

COMMONWEALTH of Pennsylvania v. Larry POTTER, Appellant.

Supreme Court of Pennsylvania.

Decided March 23, 1978.

Reargument Denied May 8, 1978.

Attorney(s) appearing for the Case

Martin Heller, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Abraham J. Gafni, Deputy Dist. Atty., Philadelphia, for appellee.

Before EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION

PER CURIAM.

The judgment of sentence is affirmed by an equally divided Court.

POMEROY, J., files an opinion in support of affirmance, in which EAGEN, C.J., and O'BRIEN, J., join.

ROBERTS, NIX and MANDERINO, JJ., filed separate opinions in support of reversal.

JONES, former C.J., did not participate in the consideration or decision of this case.

POMEROY, Justice, in support...

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