606 A.2d 1171

COMMONWEALTH of Pennsylvania, Appellant v. Girard BANKS, Appellee.

Supreme Court of Pennsylvania.Argued January 21, 1992.
Decided May 19, 1992.

Appeal No. 15 E.D. Appeal Dkt. 1991 from the Order of the Superior Court entered August 28, 1989, at No. 2456, Philadelphia, 1988, 394 Pa. Super. 608, 565 A.2d 815 (1989), Affirming the Order of the Court of Common Pleas of Montgomery County entered August 9, 1988, at No. 1769-88.

Mary MacNeil Killinger, Chief, Appeals Div., for appellant.

Barry F. Gultanoff, Pottstown, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, and CAPPY, JJ.

ORDER
PER CURIAM.

The appeal is dismissed as having been improvidently granted.

PAPADAKOS, J., did not participate in the consideration or decision of this matter.

LARSEN, J., notes his dissent.

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