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COMMONWEALTH v. WALLOE

472 Pa. 473 (1977)

372 A.2d 788

COMMONWEALTH of Pennsylvania v. Leo WALLOE, Appellant.

Supreme Court of Pennsylvania.

Decided April 28, 1977.

Attorney(s) appearing for the Case

Richard F. Furia, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Benjamin H. Levintow, Philadelphia, for appellee.

Before EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

ORDER

PER CURIAM:

The Court being equally divided, the judgment of sentence is affirmed.

POMEROY, J., files an Opinion in Support of Affirmance, joined by EAGEN, C.J., and O'BRIEN, J. MANDERINO, J., files an Opinion in Support of Reversal, joined by ROBERTS and NIX, JJ.

JONES, former C.J., did not participate in the consideration or decision of this case.

OPINION IN SUPPORT OF AFFIRMANCE

POMEROY, Justice.

The opinion...

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