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COM. v. WAGNER

523 Pa. 298 (1989)

566 A.2d 1194

COMMONWEALTH of Pennsylvania, Appellee, v. Kevin WAGNER, Appellant.

Supreme Court of Pennsylvania.

Decided December 6, 1989.

Attorney(s) appearing for the Case

Kevin Wagner, I.P.P., Mercer, pro se.

John J. Driscoll, Dist. Atty. and Maria Greco Danaher, Asst. Dist. Atty., Greensburg, for appellee.

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

ORDER

PER CURIAM.

The Court being evenly divided, the order of the Superior Court, 368 Pa.Super. 644, 531 A.2d 36, is affirmed.

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

ZAPPALA, J., files an opinion in support of reversal in which LARSEN and PAPADAKOS, JJ., join.

OPINION IN SUPPORT OF AFFIRMANCE

McDERMOTT, Justice.

...

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