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COM. v. HORNE

535 Pa. 406 (1994)

635 A.2d 1033

COMMONWEALTH of Pennsylvania, Appellant, v. Tracey HORNE, Appellee.

Supreme Court of Pennsylvania.

Decided January 14, 1994.

Reargument Denied April 4, 1994.

Attorney(s) appearing for the Case

Richard A. Lewis, Dist. Atty., Richard E. Guida, Asst. Dist. Atty., Todd B. Narval, for appellant.

Lori J. Barger, Chief Deputy Public Defender, David M. Donaldson, for appellee.

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

ORDER

PER CURIAM:

The Court being evenly divided, the Order of the Superior Court 420 Pa.Super. 637, 610 A.2d 65 is affirmed.

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

NIX, C.J., files an opinion in Support of Affirmance in which FLAHERTY, J., joins.

FLAHERTY, J., files an opinion in Support of Affirmance in which CAPPY, J., joins.

ZAPPALA, J., files an opinion in Support of Reversal in which PAPADAKOS...

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