November 5, 1970
Appeal, No. 1054, Oct. T., 1970, from order of Court of Common Pleas of Northampton County, Sept, T., 1969, No. 222.
Alan B. McFall, Assistant District Attorney, with him Charles H. Spaziani, District Attorney, for Commonwealth, appellant; James C. Hogan, with him Hogan and Scott, for appellee.
Before Grifo, J.
WRIGHT, P.J., and CERCONE, J., dissent.
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