COM. v. SMITH


478 Pa. 391 (1978)

386 A.2d 989

COMMONWEALTH of Pennsylvania v. Howard S. SMITH, Appellant.

Supreme Court of Pennsylvania.

Decided June 2, 1978.


Attorney(s) appearing for the Case

John H. Chronister, Public Defender, York, for appellant.

Floyd P. Jones, Asst. Dist. Atty., York, for appellee.

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


OPINION

PER CURIAM:

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

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

ROBERTS, J., filed an Opinion in Support of Affirmance in which POMEROY and NIX, JJ., joined.

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

OPINION IN SUPPORT OF AFFIRMANCE

ROBERTS, Justice.

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