decided: March 31, 1986.
COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
JOHN J. MCSORLEY, JR., APPELLEE
Appeal No. 39 E.D. Appeal Docket 1985 from a Judgment and Opinion of the Superior Court,
Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ. Hutchinson, J., filed a dissenting opinion in which Larsen and McDermott, JJ., joined.
Author: Per Curiam
[ 509 Pa. Page 622]
The order of the Superior Court is affirmed.*fn1
The order of the Superior Court is affirmed.
HUTCHINSON, Justice, dissenting.
I dissent. I would reverse the order of Superior Court and remand to Common Pleas for further proceedings against appellee, on the dissenting opinion of Judge Stephen J. McEwen, Jr., Commonwealth v. McSorley, 335 Pa. Superior Ct. 522, 533-36, 485 A.2d 15, 21-23 (1984) (McEwen, J., dissenting).