Appeal from order of Court of Common Pleas, Criminal Division, of Allegheny County, May T., 1973, No. 3651A, in case of Commonwealth of Pennsylvania v. Fred Tedder.
Louis R. Paulick, Assistant District Attorney, with him Robert L. Eberhardt, Assistant District Attorney, John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellant.
Nancy N. Nowlis, Assistant Public Defender, with her John R. Cook and John J. Dean, Assistant Public Defenders, and George H. Ross, Public Defender, for appellee.
Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Mr. Chief Justice Jones took no part in the consideration or decision of this case. Opinion in Support of Order of Affirmance by Mr. Justice O'Brien. Mr. Justice Roberts and Mr. Justice Manderino join in this opinion. Opinion in Opposition to Order of Affirmance by Mr. Justice Pomeroy. Mr. Justice Eagen and Mr. Justice Nix join in this opinion.
The Court being equally divided, the order of the Court below is affirmed.
Opinion in Support of Order of Affirmance by Mr. Justice O'Brien:
The evidence presented by the Commonwealth in this case was insufficient to prove appellant's identity as the perpetrator of the crime beyond a reasonable doubt.
Opinion in Opposition to Order of Affirmance by Mr. Justice Pomeroy:
My independent review of the record convinces me that in sustaining the defendant's demurrer to the Commonwealth's evidence the trial court committed reversible error. I would therefore reverse ...