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COM. v. SCHAEFFER

547 Pa. 53 (1993)

688 A.2d 1143

COMMONWEALTH of Pennsylvania, Appellant, v. Paul R. SCHAEFFER, Jr., Appellee.

Supreme Court of Pennsylvania.

Resubmitted August 28, 1992.

Decided June 1, 1993.

Reargument Granted June 25, 1993.

Attorney(s) appearing for the Case

Paul M. Yatron, First Deputy Attorney General, Robert A. Graci, Chief, Deputy Attorney General, for Appellant.

Brett O. Feese, District Attorney, Gaele McLaughlin Barthold, Chief, Deputy District Attorney, Marianne E. Cox, First Asst. District Attorney, for Amicus Curiae D.A. Philadelphia Co.

FOR APPELLEE: Peter T. Campana, Marc F. Lovecchio, Williamsport, Robert E. Colville, District Attorney, Robert L. Eberhardt, Deputy District Attorney, for Amicus Curiae Allegheny Co. District Attorney's Office.

David M. McLaughlin, Philadelphia, for Amicus Curiae Pa. Assn. of Criminal Defense Lawyers.

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

ORDER

PER CURIAM.

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

MONTEMURO, J., did not participate in the consideration or decision of this matter.

ZAPPALA, J., files an Opinion in Support of Affirmance in which FLAHERTY and CAPPY, JJ., join.

NIX, C.J., files an Opinion in Support of Reversal in which LARSEN and PAPADAKOS, JJ., join.

LARSEN, J., files an Opinion in Support of Reversal...

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