COM. v. ALLEN


478 Pa. 342 (1978)

386 A.2d 964

COMMONWEALTH of Pennsylvania v. Damon ALLEN, Appellant (two cases).

Supreme Court of Pennsylvania.

Decided April 28, 1978.

Reconsideration Denied June 7, 1978.


Attorney(s) appearing for the Case

Julius E. Fioravanti, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Gale M. Barthold, Asst. Dist. Atty., for appellee.

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


OPINION OF THE COURT

PER CURIAM.

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

NIX, J., files an Opinion in Support of Affirmance joined by O'BRIEN, J.

ROBERTS, J., files an Opinion in Support of Affirmance.

EAGEN, C.J., files an opinion in support of reversal joined by POMEROY, J.

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

JONES, former...

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