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COM. v. POWELL

257 Pa.Super. 522 (1978)

390 A.2d 1360

COMMONWEALTH of Pennsylvania v. Jerome POWELL, Appellant.

Superior Court of Pennsylvania.

Decided July 12, 1978.

Attorney(s) appearing for the Case

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

Deborah E. Glass, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, Philadelphia, 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.

An opinion in support of affirmance is filed in which JACOBS, President Judge, and PRICE and VAN der VOORT, JJ., join.

HOFFMAN, CERCONE and SPAETH, JJ., dissent. Commonwealth v. Braithwaite, 253 Pa.Super. 447, 385 A.2d 423...

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