Appeals from judgment of sentence of Court of Common Pleas of Delaware County, Dec. T., 1970, Nos. 150 and 152, in case of Commonwealth of Pennsylvania v. Kenneth Hunt, Robert Johnson, Alphonso Johnson and Leroy Miah.
Joseph Michael Smith, with him F. Emmett Fitzpatrick, Jr., and Fitzpatrick & Smith, for appellant.
Vram Nedurian, Jr., Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.
Wright, P. J., Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. (Watkins, J., absent.) Dissenting Opinion by Hoffman, J. Spaulding and Cercone, JJ., join in this dissenting opinion.
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The six judges who heard this appeal being equally divided, the judgment of sentence is affirmed.
Judgment of sentence affirmed.
Dissenting Opinion by Hoffman, J.:
The question in this appeal is whether the trial court erred in denying appellants access to certain pretrial statements and records in the possession of the Commonwealth.
Appellants were charged with conspiracy to commit a burglary and burglary of a liquor store in Chester. Appellants were brought to trial before the Honorable Louis A. Bloom and a jury on October 18, 1971, after two previous trials had resulted in hung juries. On October 22, 1971, the jury returned a verdict of guilty on both indictments. From the denial of post-trial motions and imposition of sentence, this appeal followed.
At trial, Robert and Alphonso Johnson, alleged cofelons in the burglary, testified concerning certain plans made for the burglary involving the appellants herein. It was disclosed during cross-examination of the Johnson brothers that lengthy statements had been given to the Delaware County investigating officers after their arrest, and that although only one statement had been signed, both were transcribed by a court reporter and reduced to writing. Furthermore, defense counsel was informed that ...