Appeal from order and judgment of Court of Common Pleas, Trial Division, of Philadelphia, No. 73-00-0539, in case of Commonwealth of Pennsylvania v. James Coplin.
Drew Salaman, Assistant Defender, with him Jonathan Miller and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.
David Richman, Assistant District Attorney, with him James T. Ranney and Milton M. Stein, Assistant District Attorneys, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Wright, P. J., Watkins, Jacobs, Hoffman, Cercone, and Spaeth, JJ. (Spaulding, J., absent.) Opinion in Support of Reversal by Spaeth, J. Jacobs and Hoffman, JJ., join in this opinion.
[ 226 Pa. Super. Page 147]
The six Judges who heard this appeal being equally divided, the order and the judgment of sentence are affirmed.
Order and judgment of sentence affirmed.
Opinion In Support of Reversal by Spaeth, J.:
Appellant was convicted of larceny in the Municipal Court of Philadelphia County. His petition to the Court of Common Pleas for a writ of certiorari was denied. This appeal followed after leave was given to proceed nunc pro tunc.
The only witness at appellant's trial was Officer Thomas Galonsky of the Philadelphia Police Department. On December 19, 1972, Officer Galonsky was working a plainsclothes detail with a partner, Officer Gerald Sweirczynski, in the vicinity of Wakefield and Ashmead Streets. Appellant walked up to Officer Galonsky,
[ 226 Pa. Super. Page 148]
who was standing on the corner alone, and asked if he wanted to buy some marijuana. The officer replied that he did not, but that he would like to buy some heroin. Appellant indicated that he had some heroin, and that his price was $8 per bag. The officer went into a nearby taproom, got his money, came out and handed appellant $16. Just then, appellant looked up and saw Officer Sweirczynski, who apparently "thought the transaction had been completed," coming down the ...