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COM. v. EVANS

546 Pa. 417 (1996)

685 A.2d 535

COMMONWEALTH of Pennsylvania, Appellee, v. Alfred EVANS, Appellant.

Supreme Court of Pennsylvania.

Decided November 21, 1996.

Attorney(s) appearing for the Case

David M. McGlaughlin, Philadelphia, for Alfred Evans.

Peter J. Gardner, Philadelphia, for Commonwealth.

Before FLAHERTY, ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

ORDER

PER CURIAM:

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

NIX, Former C.J., did not participate in the consideration or decision of this case.

CAPPY, J., files an opinion in support of affirmance in which CASTILLE and NEWMAN, JJ., join.

NIGRO, J., files an opinion in support of reversal in which FLAHERTY, C.J., and ZAPPALA, J., join.

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