COM. v. PELZER


531 Pa. 235 (1992)

612 A.2d 407

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

Supreme Court of Pennsylvania.

Decided May 29, 1992.


Attorney(s) appearing for the Case

Jeffrey M. Kolansky, Philadelphia, for appellant.

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

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


ORDER

PER CURIAM.

The court being unanimous as to the conviction and equally divided as to the sentence, the conviction and sentence of the court of common pleas are affirmed.

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

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

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

ZAPPALA...

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