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COM. v. IONATA

518 Pa. 472 (1988)

544 A.2d 917

COMMONWEALTH of Pennsylvania, Appellant, v. Humberto IONATA, a/k/a Albert Ionata, Appellee.

Supreme Court of Pennsylvania.

Decided July 22, 1988.

Attorney(s) appearing for the Case

Sandra L. Elias, Chief, Appeals Div., Ann Osborne, Asst. Dist. Atty., Media, for appellant.

Timothy J. Gorbey, Philadelphia, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

ORDER

PER CURIAM.

The opinion of the Court being equally divided, the order of the Superior Court is affirmed.

FLAHERTY, J., files an opinion in support of affirmance in which NIX, C.J., and ZAPPALA, J., join.

McDERMOTT and PAPADAKOS, JJ., file opinions in support of reversal in which LARSEN, J., joins.

OPINION IN SUPPORT OF AFFIRMANCE

FLAHERTY, Justice.

This is an appeal by the Commonwealth from a per curiam order...

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