Opinion
Submitted November 16, 1977.
Decided May 16, 1978.
Appeal from the Court of Common Pleas, Criminal Division, of Allegheny County, at No. CC 7505589A; O'Brien, Judge.
John H. Corbett, Jr., and Lester G. Nauhaus, Asst. Public Defenders, Pittsburgh, for appellant.
Robert L. Eberhardt, Assistant District Attorney, and Robert E. Colville, District Attorney, Pittsburgh, for Commonwealth, appellee.
Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.
The six Judges who decided this case being equally divided, the judgment of sentence is affirmed.
JACOBS, President Judge, and SPAETH, J., dissent.
HOFFMAN, J., dissents because the Commonwealth improperly used prior convictions to attack appellant's credibility. See Commonwealth v. Moore, 246 Pa. Super. 163, 369 A.2d 862 (1977).
WATKINS, former President Judge, did not participate in the consideration or decision of this case.