COM. v. GUMBER


553 Pa. 86 (1998)

718 A.2d 270

COMMONWEALTH of Pennsylvania, Appellant v. Paul GUMBER, Appellee.

Supreme Court of Pennsylvania.

Decided August 25, 1998.


Attorney(s) appearing for the Case

Christian A. Trabold, for the Com.

Joseph P. Burt, Erie, for Paul Gumber.

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


ORDER

PER CURIAM:

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

NIGRO, J., files a concurring statement, joined by CAPPY, J., who also joins the per curiam affirmance.

CASTILLE, J., files a dissenting statement in which FLAHERTY, C.J., and NEWMAN, J., join.

NIGRO, Justice, concurring.

While I join the per curiam order affirming the Superior Court's decision to vacate Appellee's...

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