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COM. v. WETTON

537 Pa. 100 (1994)

641 A.2d 574

COMMONWEALTH of Pennsylvania, Appellee, v. George WETTON, Appellant. COMMONWEALTH of Pennsylvania, Appellee, v. Kenneth SCHWARTZ, Appellant.

Supreme Court of Pennsylvania.

Decided March 10, 1994.

Attorney(s) appearing for the Case

Thomas Colas Carroll, Philadelphia, for Wetton.

Stanford Shmukler, Edward Reif, Philadelphia, for Schwartz.

Andrea F. McKenna, Harrisburg, for Com.

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

ORDER

PER CURIAM.

The Court being equally divided, the order of the Superior Court is affirmed.

LARSEN, J., did not participate in the decision of this case.

PAPADAKOS, J., files an Opinion in Support of Affirmance in which NIX, C.J., and MONTEMURO, J., join.

ZAPPALA, J., files an Opinion in Support of Reversal in which FLAHERTY, J., joins and CAPPY, J., concurs in the result...

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