Opinion
May 25, 1953.
June 26, 1953.
Argued May 25, 1953. Before STERN, C. J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.
Appeal, No. 32, March T., 1953, from judgment of Superior Court, April T., 1952, No. 56, reversing in part the order of the Court of Quarter Sessions of Allegheny County, Feb. Sessions, 1951, No. 655, in case of Commonwealth of Pennsylvania v. David Hershman. Judgment affirmed; reargument refused July 13, 1953.
Same case in Superior Court: 171 Pa. Super. 134.
Indictments charging defendant and others with various offenses.
Orders entered quashing indictments, before KENNEDY, SMART and NIXON, JJ., opinion PER CURIAM. Commonwealth appealed to the Superior Court, which reversed in part and affirmed in part the order of the court below. Appeal by defendant to Supreme Court allowed.
James P. McArdle, with him Paul J. McArdle, for appellant.
Harry Estep, Assistant Deputy Attorney General, with him Charles D. Coll, Special Deputy Attorney General, and Robert E. Woodside, Attorney General, for appellee.
The court being equally divided, the judgment is affirmed on the opinion of the Superior Court, reported in 171 Pa. Super. 134, 90 A.2d 314.