decided: July 7, 1975.
COMMONWEALTH OF PENNSYLVANIA
CHARLES C. GILES, APPELLANT
Appeal Nos. 457 and 516 January Term, 1974, from Judgment and Sentence of the Court of Common Pleas of Philadelphia, Nos. 643-645, October Term, 1972; Theodore S. Gutowicz, Judge.
Paul Leo McSorley, Philadelphia, for appellant.
F. Emmett Fitzpatrick, Dist. Atty., Richard A. Sprague, 1st Asst. Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Division, Flora E. Roomberg, Philadelphia, for appellee.
Jones, C. J., and Eagen, O'Brien, Roberts, Nix and Manderino, JJ. Jones, Eagen and O'Brien, JJ., would affirm. Roberts, Nix and Manderino, JJ., would reverse the judgment of sentence and remand for a new trial. Pomeroy, J., did not participate in the consideration or decision of this case.
Author: Per Curiam
[ 463 Pa. Page 88]
OPINION OF THE COURT
The Court being equally divided, the judgment of sentence is affirmed.
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