Opinion
Argued January 25, 1994.
Decided December 30, 1994.
Appeal No. 63 Middle District Appeal Docket 1993, from the Order of the Superior Court entered on August 13, 1992, at No. 593 Harrisburg 1991, 424 Pa. Super. 649, 617 A.2d 393 (1992), Affirming the Judgment of Sentence of the Court of Common Pleas of Lycoming County, Criminal Division, entered on September 10, 1991, at No. 90-11, 032.
Marc F. Lovecchio, Peter T. Campana, Williamsport, for P.R. Schaeffer.
Thomas A. Marino, Kenneth A. Osokow, Williamsport, for Com.
Dennis C. McAndrews, Media, Robert A. Graci, Harrisburg, for amicus curiae, Pa. Dist. Attorney's Ass'n.
Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and CASTILLE, JJ.
ORDER
The Court being equally divided, the order of the Superior Court is affirmed.
MONTEMURO, J., did not participate in the consideration or decision of this case.
Mr. Justice Montemuro is sitting by designation.
FLAHERTY, ZAPPALA and CAPPY, JJ., dissent and would reverse the Order of the Superior Court and remand for a new trial.