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COM. v. WETTON

538 Pa. 319 (1994)

648 A.2d 524

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

Supreme Court of Pennsylvania.

Reargument Denied October 3, 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 the Com.

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

OPINION

PER CURIAM.

This matter was decided by an Order, entered March 10, 1994, stating, "The Court being equally divided, the Order of the Superior Court is affirmed." Voting in favor of affirmance were Mr. Chief Justice Nix, Mr. Justice Papadakos, and Mr. Justice Montemuro; in favor of reversal were Mr. Justice Flaherty, Mr. Justice Zappala, and Mr. Justice Cappy. The Order also contained a notation indicating that "Mr. Justice Montemuro, who was...

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