June 7, 1973
Appeal, No. 220, April T., 1972, from order of Court of Common Pleas of Washington County, Jan. T., 1971, No. 492.
Jack H. France, Assistant District Attorney, with him Jess D. Costa, District Attorney, for Commonwealth, appellant; Paul A. Simmons, with him Hormell, Tempest, Simmons, Bigi & Melenyzer, for appellee.
Before Curran, J.
WRIGHT, P.J., dissents.
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