Appeals from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Dec. T., 1970, Nos. 1109, 1110 and 1113, in case of Commonwealth of Pennsylvania v. Grady Caesar.
Jonathan Miller, Assistant Defender, with him Vincent J. Ziccardi, Defender, for appellant.
Linda West Conley, Assistant District Attorney, with her Milton M. Stein, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Dissenting Opinion by Hoffman, J. Spaulding and Cercone, JJ., join in this dissenting opinion.
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The six Judges who heard and decided this appeal being equally divided, the judgment of sentence is affirmed.
Judgment of sentence affirmed.
Dissenting Opinion by Hoffman, J.:
During closing argument before the jury, the prosecuting attorney, branding appellant's testimony as lies, made references to matters outside the record. Appellant contends that this conduct requires that the judgments of sentence be reversed and a new trial granted. I agree.
Appellant was sentenced on bills of indictment charging aggravated robbery, burglary, and aggravated assault and battery. The charges arose out of the robbery by three men of a drug store in Philadelphia. Appellant admitted his presence in the automobile used
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in the robbery, but denied any participation in the offense. He testified that immediately prior to the planning and commission of the robbery, he had shot several bags of heroin, passed out in the car, and did not participate in the robbery. Appellant's witness, Frank Hairston, who had ...