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COM. v. RICE

477 Pa. 221 (1978)

383 A.2d 903

COMMONWEALTH of Pennsylvania v. Earl L. RICE, Jr., Appellant (two cases).

Supreme Court of Pennsylvania.

Decided March 23, 1978.

Reargument Denied May 16, 1978.

Attorney(s) appearing for the Case

John R. Merrick, Defender, Robert Shaffer, Charles M.J. Nester, P.A., Asst. Public Defenders, for appellant.

Robert S. Gawthrop, III, Asst. Dist. Atty., for appellee.

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

OPINION

PER CURIAM:

The Court being equally divided, the judgments of sentence remain in effect.

PACKEL, J., took no part in the decision of this case.

O'BRIEN, J., files an opinion in support of affirmance, which EAGEN, C.J., and POMEROY, J., join.

ROBERTS, J., files an opinion in support of reversal.

MANDERINO, J., files an opinion in support of reversal in which NIX, J., joins....

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