Appeal from order of Court of Oyer and Terminer of Philadelphia County, Jan. T., 1965, No. 896, in case of Commonwealth of Pennsylvania v. Robert Rowe.
Welsh S. White, Assistant District Attorney, with him Michael J. Rotko, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellant.
James J. Boyle, with him Robert A. Rosin, for appellee.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Mr. Justice Musmanno did not participate in the decision of this case. Opinion by Mr. Justice Eagen in Support of Affirmance. Mr. Justice O'Brien and Mr. Justice Roberts join in this opinion.
Order affirmed by an evenly divided Court.
Opinion by Mr. Justice Eagen in Support of Affirmance:
Robert Rowe was convicted by a jury of murder in the first degree and the punishment was fixed at life imprisonment. Rowe's post-trial motion for a new trial was granted by the court en banc. The Commonwealth appeals.*fn1
Rowe was charged with committing murder while participating with a T. L. Bailey in an armed robbery. At trial, the Commonwealth introduced in evidence,
over objection, a confession given by Rowe to the police and also a gun seized by the police during a search conducted pursuant to a search warrant issued by a magistrate. A pretrial motion to suppress the ...