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COM. v. DANIELS

531 Pa. 210 (1992)

612 A.2d 395

COMMONWEALTH of Pennsylvania, Appellee, v. Henry DANIELS, Appellant.

Supreme Court of Pennsylvania.

Decided May 29, 1992.

Attorney(s) appearing for the Case

George Henry Newman, for appellant.

Ronald Eisenberg, Deputy Dist. Atty., Catherine Marshall, Chief, Appeals Div., Kathy L. Echternach, Robert A. Graci, Chief Deputy Atty. Gen., for appellee.

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

ORDER OF THE COURT

PER CURIAM.

The Court being unanimous as to the conviction and equally divided as to the sentence, the conviction and sentence are affirmed.

PAPADAKOS, J., did not participate in the consideration or decision of this case.

LARSEN, J., files an opinion in support of affirmance joined by FLAHERTY and McDERMOTT, JJ.

NIX, C.J., files an opinion in support of vacating sentence of death.

ZAPPALA, J., files an...

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