May 11, 1955
Appeal, No. 130, Oct. T., 1955, from order of Court of Quarter Sessions of Delaware County, March T., 1954, No. 554, in case of Commonwealth of Pennsylvania v. Harry Wright, Jr. Order affirmed. Indictment charging defendant with fornication and bastardy. Before VAN RODEN, P.J., specially presiding. Verdict of guilty; defendant's motion in arrest of judgment dismissed but motion for new trial granted, opinion by VAN RODEN, P.J., specially presiding, concurring opinion by SWENEY, J. Defendant appealed.
Paul C. VanDyke, with him Cochrane & VanDyke, for appellant.
Ernest L. Green, Assistant District Attorney, with him Joseph E. Pappano, First Assistant District Attorney, and Raymond R. Start, District Attorney, for appellee.
Before Rhodes, P.j., Ross, Gunther, Wright, Woodside and Ervin, JJ. (hirt, J., absent).
[ 178 Pa. Super. Page 182]
The six judges who heard the argument of this case being equally divided in opinion, the order of the court below granting a new trial is affirmed.
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