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COM. v. TALLON

478 Pa. 468 (1978)

387 A.2d 77

COMMONWEALTH of Pennsylvania v. Robert Carl TALLON, Appellant.

Supreme Court of Pennsylvania.

Decided June 2, 1978.

Attorney(s) appearing for the Case

Larry F. Knepp, Lewistown, for appellant.

Francis A. Searer, Sp. Asst. Atty. Gen., Lewistown, for appellee.

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

OPINION OF THE COURT

PER CURIAM:

The Court being equally divided, the Judgment of Sentence is affirmed.

O'BRIEN, J., files an Opinion in Support of Affirmance in which ROBERTS and POMEROY, JJ., join.

EAGEN, C.J., and NIX and MANDERINO, JJ., would reverse the Judgment of Sentence believing the corpus delicti has not been established.

OPINION IN SUPPORT OF AFFIRMANCE

O'BRIEN, Justice...

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