No. 59 January Term, 1977, No. 438 January Term, 1977, Appeal from the Judgments of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, Imposed on Informations Nos. 1846-1850, November Term, 1974.
Charlotte A. Nichols, Philadelphia, for appellant.
Robert B. Lawler, Chief, Appeals Div., Philadelphia, for appellee.
Eagen, C. J., and O'Brien, Roberts, Nix, Manderino and Larsen, JJ. Pomeroy, former Justice, did not participate in the consideration or decision of this case. Larsen, J., files an opinion in support of affirmance which is joined by Eagen, C. J., and O'Brien, J. Manderino, J., files an opinion in support of reversal in which Roberts and Nix, JJ., join.
The Court being equally divided, the judgments of sentence remain in effect.
Opinion IN SUPPORT OF AFFIRMANCE
Appellant was convicted of murder of the second degree, robbery and criminal conspiracy in the Philadelphia County Court of Common Pleas. Post-verdict motions were denied and this appeal followed. Appellant raises three issues, all of which do not constitute reversible error:
) That the trial court erred in refusing to allow into evidence a display of photographs (of appellant and other males) which was presented to Commonwealth witness Juanita Dancey during a pre-trial photographic identification;
2) That the trial court erred in refusing to allow appellant to testify that approximately twenty-nine months prior to his confession, he (appellant) was ...