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COM. v. McSORLEY

509 Pa. 621 (1986)

506 A.2d 895

COMMONWEALTH of Pennsylvania, Appellant, v. John J. McSORLEY, Jr., Appellee.

Supreme Court of Pennsylvania.

Decided March 31, 1986.

Attorney(s) appearing for the Case

Thomas E. Waters, Dist. Atty., Ronald T. Williamson, Chief/Appeals Div., J. William Ditter, III, Asst. Dist. Atty., Bart C. Tuttle, for appellant.

Eric J. Cox, Robert J. Vagnoni, Norristown, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

ORDER

PER CURIAM.

The order of the Superior Court is affirmed.1

HUTCHINSON, J., filed a dissenting opinion in which LARSEN and McDERMOTT, JJ., joined.

HUTCHINSON, Justice, dissenting.

I dissent. I would reverse the order of Superior Court and remand to Common Pleas for further proceedings against appellee, on the dissenting opinion of Judge Stephen J. McEwen, Jr., Commonwealth v. McSorley,

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