Opinion
September 14, 1966.
October 25, 1966.
Before WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ. (ERVIN, P.J., absent).
Appeals, Nos. 603 and 604, Oct. T., 1966, from judgment of sentence of Court of Quarter Sessions of the Peace of Delaware County, June T., 1965, Nos. 439 and 440, in cases of Commonwealth of Pennsylvania v. Pete Holloway; and Same v. Emmett Young, Jr. Appeal of Pete Holloway. Judgment of sentence affirmed; reargument refused November 16, 1966.
Indictments charging defendants with larceny, conspiracy and receiving stolen goods. Before CATANIA, J.
Verdicts of guilty as to all charges and judgments of sentence entered thereon. Defendant appealed.
James C. Buckley, with him Reed, Gibbons and Buckley, for appellant. Vram S. Nedurian, Jr., Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, Paul R. Sand, First Assistant District Attorney, and Jacques H. Fox, District Attorney, for Commonwealth, appellee.
Argued September 14, 1966.
The six judges who heard the argument of this appeal being equally divided in opinion, the judgment of sentence of the court below is affirmed. The defendant is directed to appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with the sentence, or any part of it which had not been performed at the time the appeal was made a supersedeas.
HOFFMAN, JACOBS, and SPAULDING, JJ., dissent for the reasons stated in the dissenting opinion of HOFFMAN, J., in Com v. Young, 208 Pa. Super. 478, 223 A.2d 527 (1966).