February 27, 1981
COMMONWEALTH OF PENNSYLVANIA, APPELLANT
LAWRENCE J. MCCALL
No. 2179 October Term, 1979, Appeal from the order of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, at Misc. No. 799-16667.
Before Brosky, Watkins and Cirillo,*fn* JJ. Brosky, J. files a Memorandum Concurring and Dissenting Opinion.
Order affirmed on the lower court opinion.
*fn* Judge Vincent A. Cirillo, of the Court of Common Pleas of Montgomery County, Pennsylvania is sitting by designation.