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COMMONWEALTH v. BANKER (12/15/67)

decided: December 15, 1967.

COMMONWEALTH
v.
BANKER, APPELLANT



Appeal from judgment of Court of Oyer and Terminer and General Jail Delivery of Allegheny County, June T., 1960, Nos. 48 and 49, in case of Commonwealth of Pennsylvania v. William Schaeffer, Charles Biehl, and John Banker.

COUNSEL

Oliver M. Blackburn, for appellant.

Edwin J. Martin, Assistant District Attorney, with him Charles B. Watkins, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Ervin, P. J., Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Wright, J., absent). Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 211 Pa. Super. Page 431]

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.

Disposition

Judgment affirmed.

Dissenting Opinion by Hoffman, J.:

Defendants William Schaeffer, Charles Biehl and John Banker were charged with armed robbery and receiving stolen goods relating to two different robberies. Schaeffer entered pleas of guilty to the indictments and was called as a Commonwealth witness against Biehl and Banker. The jury found both Banker and Biehl guilty. Motions for new trials and arrest of judgment were dismissed. This is an appeal by defendant Banker.

At trial the Commonwealth's witnesses identified only Schaeffer and Biehl. Schaeffer alone testified that Banker had participated in the crime by driving them to and from the stores robbed.

On cross-examination, Schaeffer admitted writing certain statements in jail to the effect he was guilty of each offense charged but that Banker ...


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