Appeal No. 7 January Term, 1975, from the Judgment of Sentence of the Court of Common Pleas of Philadelphia, Criminal Trial Division, at No. 767 February Term, 1971; Alexander F. Barbieri, Judge.
Joel S. Moldovsky, Philadelphia, for appellant.
F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Carolyn E. Temin, Philadelphia, Abraham J. Gafni, Deputy Dist. Atty. for Law, for appellee.
Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, C. J., took no part in the consideration or decision of this case. Eagen, O'Brien and Nix, JJ., would affirm judgment of sentence. Roberts, Pomeroy and Manderino, JJ., would vacate the judgment of sentence and remand for an evidentiary hearing to determine whether appellant was denied a speedy trial.
The court being equally divided, appellant's judgment of sentence is affirmed.