December 30, 1970
Appeal, No. 326, April T., 1970, from order of Court of Common Pleas of Mercer County, Dec. T., 1969, No. 37.
Robert F. Banks, First Assistant District Attorney, with him Joseph J. Nelson, District Attorney, for Commonwealth, appellant; Michael J. Wherry, Assistant Public Defender, with him Warren R. Keck, III, Public Defender, for appellee.
Before Stranahan, P.j.
WRIGHT, P.J., and WATKINS, J., dissent.
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