decided: December 4, 1987.
COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
Appeal No. 151 E.D. Appeal Dkt. 1986 from Order of Superior Court, 351 Pa. Super. 640, 504 A.2d 365 (1985) entered October 11, 1985, at No. 922 Philadelphia, 1984, Reversing Judgment of Sentence of Court of Common Pleas of Philadelphia, Trial Division, Criminal Section, entered March 27, 1984, at No. 7910-1168-1170, and Remanding for Entry of a Third Degree Murder Conviction and Sentence Thereon; Juanita Kidd Stout, Judge.
Gaele McLaughlin Barthold, Deputy Dist. Atty., Ronald Eisenberg, Chief, Appeal Div., Frances Gralnek Gerson, Philadelphia, for appellant.
Daniel M. Preminger, Philadelphia, for appellee.
Nix, C.j., and Larsen, Flaherty, McDermott, Zappala and Papadakos, JJ. Nix, C.j., and Flaherty and Zappala, JJ., would affirm the Order of the Superior Court. Larsen, McDermott and Papadakos, JJ., would reverse the Order of the Superior Court.
Author: Per Curiam
[ 517 Pa. Page 60]
The Court being evenly divided, the Order of the Superior Court is affirmed.
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