June 6, 1980
COMMONWEALTH OF PENNSYLVANIA, APPELLANT
FRED SMITH, JR., APPELLEE
No. 963 October Term, 1979, Appeal from the Order entered April 11, 1979, by the Court of Common Pleas, Criminal Division, Delaware County, at No. 4335 (a) and (b), 1978.
Before Spaeth, Cavanaugh and O'kicki,*fn* JJ.
*fn* Judge Joseph F. O'Kicki, of the Court of Common Pleas of Cambria County, is sitting by designation.