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COM. v. DOYLE

517 Pa. 245 (1988)

535 A.2d 602

COMMONWEALTH of Pennsylvania, Appellant, v. John W. DOYLE.

Supreme Court of Pennsylvania.

Reargued November 11, 1987.

Decided January 12, 1988.

Attorney(s) appearing for the Case

Mary MacNeil Killinger, Chief, Appeal Div., Joseph J. Hylan, Asst. Dist. Atty., Norristown, for appellant.

Richard D. Atkins, Theodore Simon, Philadelphia, for appellee.

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

ORDER

PER CURIAM:

The Court being evenly divided as to whether to render a decision on the merits, the appeal is hereby dismissed.

NIX, C.J., and FLAHERTY and ZAPPALA, JJ., would dismiss the appeal as having been improvidently granted.

McDERMOTT, J., files a dissenting opinion.

PAPADAKOS, J., files a dissenting opinion.

LARSEN, J., dissents.

McDERMOTT, Justice, dissenting....

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