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COMMONWEALTH v. SCHWARTZ et al.

432 Pa. 522 (1968)

Commonwealth v. Schwartz et al., Appellants.

Supreme Court of Pennsylvania.

November 14, 1968.

Attorney(s) appearing for the Case

Marvin Comisky, with him Edwin P. Rome, Goncer M. Krestal, and Blank, Rudenko, Klaus & Rome, for appellants.

Richard A. Sprague, First Assistant District Attorney, with him John A. McMenamin and Alan J. Davis, Assistant District Attorneys, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION PER CURIAM, November 14, 1968:

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

Mr. Justice MUSMANNO did not participate in the decision of this case.

DISSENTING OPINION BY MR. JUSTICE COHEN:

I conclude that the Attorney General improperly superseded the District Attorney.

I dissent.

DISSENTING OPINION BY MR. JUSTICE ROBERTS:

The majority, in failing to grant appellant Siegel a new...

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