Appeal No. 74 January Term, 1974, from the Order of the Superior Court Affirming Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, as of March Sessions, 1971 No. 1153; Bernard J. Kelley, Judge.
Donald M. Moser, Lorch, Ryan, Peruto & Vitullo, Philadelphia, for appellant.
Arlen Specter, Dist. Atty., Richard A. Sprague, 1st Asst. Dist. Atty., David Richman, Asst. Dist. Atty., Chief, Appeals Division, Philadelphia, for appellee.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.
AND, NOW, this 18 day of March, 1975, the order dated September 24, 1973, which granted the petition for allowance
of appeal in Commonwealth of Pennsylvania v. Thomas Foster, Allocatur Docket No. 681, Pa. 3390, is hereby vacated as having been improvidently granted.