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COM. v. HASSINGER

478 Pa. 319 (1978)

386 A.2d 952

COMMONWEALTH of Pennsylvania, Appellant, v. David Lee HASSINGER.

Supreme Court of Pennsylvania.

Decided April 28, 1978.

Reargument Denied June 12, 1978.

Attorney(s) appearing for the Case

Clyde R. Bomgardner, Sp. Asst. Atty. Gen., Mifflintown, for appellant.

Larry F. Knepo, Lewistown, for appellee.

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

OPINION OF THE COURT

PER CURIAM.

The Court being equally divided the order of the Court of Common Pleas of Indiana County remains in effect.

Appellee, David Lee Hassinger is therefore discharged.

PACKEL, J., did not participate in the decision of this case.

ROBERTS, J., files an opinion in support of affirmance in which EAGEN, C.J., and MANDERINO, J., join.

O'BRIEN files an opinion...

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