No. 21 May Term, 1976, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Homicide, of York County at No. 165 October Sessions, 1973
John H. Chronister, Public Defender, York, for appellant.
Floyd P. Jones, Asst. Dist. Atty., York, for appellee.
Jones, C. J., and Eagen, O'Brien, Pomeroy, Roberts, Nix and Manderino, JJ. Jones, former C. J., did not participate in the decision of this case. Roberts, J., filed an Opinion in Support of Affirmance in which Pomeroy and Nix, JJ., joined. O'Brien filed an Opinion in Support of Reversal in which Eagen, C. J., and Manderino, J., joined.
The Court being equally divided, the judgment of sentence is affirmed.
Opinion IN SUPPORT OF AFFIRMANCE
I find the evidence sufficient to sustain the jury's verdict of guilty of murder of the second degree. Further, the trial court properly allowed certain expert testimony and
testimony concerning the bruised condition of the victim. Finally, appellant's claim that his statement to police was unlawfully obtained has not been preserved for appellate review. ...