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COM. v. DERK

553 Pa. 325 (1998)

719 A.2d 262

COMMONWEALTH of Pennsylvania, Appellee, v. Steven C. DERK, Appellant.

Supreme Court of Pennsylvania.

Decided October 7, 1998.

Reargument Denied December 11, 1998.

Attorney(s) appearing for the Case

Michael G. Leonard, Hughesville, Keith B. DeArmond, for Steven C. Derk.

Barbara Ann Reed, Dist. Atty., Patrick T. Barry, Asst. Dist. Atty., for the Com.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

ORDER

PER CURIAM.

The Court being evenly divided, the Order of the Superior Court is affirmed.

NEWMAN, J., files an Opinion in Support of Affirmance in which CASTILLE and NIGRO, JJ., join.

CAPPY, J., files an Opinion in Support of Reversal in which FLAHERTY, C.J., and ZAPPALA, J., join.

OPINION IN SUPPORT OF AFFIRMANCE

NEWMAN, Justice.

We granted review in this matter limited to the issue of whether...

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