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COMMONWEALTH v. ROWE

433 Pa. 14 (1969)

Commonwealth, Appellant, v. Rowe.

Supreme Court of Pennsylvania.

January 15, 1969.

Attorney(s) appearing for the Case

Welsh S. White, Assistant District Attorney, with him Michael J. Rotko, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellant.

James J. Boyle, with him Robert A. Rosin, for appellee.

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

OPINION PER CURIAM, January 15, 1969:

Order affirmed by an evenly divided Court.

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

OPINION BY MR. JUSTICE EAGEN IN SUPPORT OF AFFIRMANCE:

Robert Rowe was convicted by a jury of murder in the first degree and the punishment was fixed at life imprisonment. Rowe's post-trial motion for a new trial was granted by the court en banc. The Commonwealth appeals.1...

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