decided: October 25, 1966.
Appeals from judgment of sentence of Court of Quarter Sessions of the Peace of Delaware County, June T., 1965, Nos. 439 and 440, in cases of Commonwealth of Pennsylvania v. Pete Holloway; and Same v. Emmett Young, Jr. Appeal of Pete Holloway.
James C. Buckley, with him Reed, Gibbons and Buckley, for appellant.
Vram S. Nedurian, Jr., Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, Paul R. Sand, First Assistant District Attorney, and Jacques H. Fox, District Attorney, for Commonwealth, appellee.
Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Ervin, P. J., absent). Hoffman, Jacobs, and Spaulding, JJ., dissent for the reasons stated in the dissenting opinion of Hoffman, J., in Com v. Young,
Author: Per Curiam
[ 208 Pa. Super. Page 483]
The six judges who heard the argument of this appeal being equally divided in opinion, the judgment of sentence of the court below is affirmed. The defendant is directed to appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with the sentence, or any part of it which had not been performed at the time the appeal was made a supersedeas.
Judgment of sentence affirmed.
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