Opinion
Argued December 5, 1990.
Decided January 14, 1991.
Appeal No. 56 E.D. Appeal Dkt. 1990 from Order of Superior Court, 387 Pa. Super. 196, 563 A.2d 1252 (1989), entered September 8, 1989, at No. 787 Philadelphia 1988, Reversing Order of Court of Common Pleas of Philadelphia, Trial Division, Criminal Section, entered February 8, 1988, at No. 2870, November Term, 1986, and Remanding for Trial.
Dennis H. Eisman, Philadelphia, for appellant.
Gaele McLaughlin Barthold, Deputy Dist. Atty., George S. Leone, Ronald Eisenberg, Chief, Appeals Div., Philadelphia, for appellee.
Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.
ORDER
Appeal dismissed as having been improvidently granted.
LARSEN and McDERMOTT, JJ., did not participate in the consideration or decision of this case.
ZAPPALA, J., dissents. See Commonwealth v. Baker, 513 Pa. 23, 30, 518 A.2d 802, 806 (1986) (Zappala, J., dissenting).
CAPPY, J., dissents and would reach the merits of the case.