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COM. v. GILLIAM

522 Pa. 138 (1989)

560 A.2d 140

COMMONWEALTH of Pennsylvania, Appellee, v. Douglas GILLIAM, Appellant. COMMONWEALTH of Pennsylvania, Appellee, v. John L. HEIDELBERG, Appellant.

Supreme Court of Pennsylvania.

Decided June 27, 1989.

Attorney(s) appearing for the Case

Carmela R.M. Presogna, Asst. Public Defender, Erie, for appellant.

William R. Cunningham, Dist. Atty., for appellee.

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

ORDER

PER CURIAM.

The Court being equally divided the decision of the Superior Court is affirmed.

LARSEN, McDERMOTT and PAPADAKOS, JJ., vote to affirm.

FLAHERTY, J., filed an opinion in support of reversal joined by NIX, C.J., and ZAPPALA, J.

OPINION IN SUPPORT OF REVERSAL

FLAHERTY, Justice.

At 12:45 a.m. on June 21, 1986 Erie police executed a search warrant at 1823 Chestnut Street, in Erie. The warrant authorized...

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