Opinion
November 29, 1973.
July 1, 1974.
Appeal, No. 414, Jan. T., 1972, from order of Superior Court, Oct. T., 1971, No. 234, affirming judgment of sentence of Court of Common Pleas of Lancaster County, March T., 1970, No. 414, in case of Commonwealth of Pennsylvania v. Ronald Glasgow Burke. Order of Superior Court affirmed.
Same case in Superior Court: 220 Pa. Super. 122.
Indictment charging defendant with sale of narcotic drugs. Before JOHNSTONE, JR., J.
Verdict of guilty and judgment of sentence entered thereon. Defendant appealed to the Superior Court, which affirmed the judgment of sentence of the court below, opinion per curiam, dissenting opinion by HOFFMAN, J., in which MONTGOMERY and SPAULDING, JJ., joined. Appeal to Supreme Court allowed.
J. D. Maida, with him Joseph J. Lombardo, and Lombardo Hummer, for appellant.
Louise G. Herr, Assistant District Attorney, with her George T. Brubaker, Assistant District Attorney, and D. Richard Eckman, District Attorney, for Commonwealth, appellee.
Before EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.
The Court being evenly divided, the order of the Superior Court is affirmed.
Mr. Chief Justice JONES took no part in the consideration or decision of this case.
For reversal, ROBERTS, NIX and MANDERINO, JJ.