July 18, 1975
COMMONWEALTH OF PENNSYLVANIA
ROBERT MATTHEW CHOICE, APPELLANT.
Martin A. Heckscher, Duane, Morris & Heckscher, 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.
Before Eagen, O'brien, Roberts, Pomeroy, Nix and Manderino, JJ.
The Court being equally divided, the judgment of sentence is affirmed.
EAGEN, O'BRIEN and POMEROY, JJ., would affirm.
ROBERTS, NIX and MANDERINO, JJ., would reverse and remand for a new trial.
JONES, C.J., did not participate in the consideration or decision of this case.
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