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COM. v. KERCHNER

478 Pa. 349 (1978)

386 A.2d 967

COMMONWEALTH of Pennsylvania v. Royce KERCHNER, Appellant.

Supreme Court of Pennsylvania.

Decided April 28, 1978.

Attorney(s) appearing for the Case

Clayton R. Wilcox, Gettysburg, for appellant.

Donald L. Reihart, Dist. Atty., Floyd P. Jones, Asst. Dist. Atty., for appellee.

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

ORDER

PER CURIAM:

The Court being equally divided, the judgment of sentence is affirmed.

EAGEN, C.J., and ROBERTS and NIX, JJ., believing the evidence is sufficient, would affirm the judgment of sentence. MANDERINO, J., joined by POMEROY and O'BRIEN, JJ., would reverse the judgment of sentence and discharge appellant.

MANDERINO, J., filed an Opinion in Support of Reversal in which POMEROY and O'BRIEN...

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