March 24, 1960
Appeal, No. 49, Feb. T., 1960, from order of Court of Oyer and Terminer and General Jail Delivery of Lackawanna County, No. 9 O. & T., May T., 1959, in case of Commonwealth of Pennsylvania v. Stephen Basovsky. Judgment affirmed.
Roger Mattes, for appellant.
William J. Kearney, First Assistant District Attorney, with him Carlon M. O'Malley, District Attorney, for appellee.
Before Rhodes, P.j., Wright, Woodside, Ervin, Watkins, and Montgomery, JJ. (gunther, J., absent).
Opinion PER CURIAM.
The six judges who heard the argument in this case being equally divided in opinion, the judgment is affirmed.
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