344 A.2d 475
Supreme Court of Pennsylvania.Argued January 20, 1975.
Decided October 3, 1975.
Appeal No. 7 January Term, 1975, from the Judgment of Sentence of the Court of Common Pleas of Philadelphia, Criminal Trial Division, at No. 767 February Term, 1971; Alexander F. Barbieri, Judge.
Joel S. Moldovsky, Philadelphia, for appellant.
F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Carolyn E. Temin, Philadelphia, Abraham J. Gafni, Deputy Dist. Atty. for Law, for appellee.
Before EAGEN, O’BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.
Page 163
OPINION OF THE COURT
PER CURIAM.
The court being equally divided, appellant’s judgment of sentence is affirmed.
JONES, C. J., took no part in the consideration or decision of this case.
EAGEN, O’BRIEN and NIX, JJ., would affirm judgment of sentence.
ROBERTS, POMEROY and MANDERINO, JJ., would vacate the judgment of sentence and remand for an evidentiary hearing to determine whether appellant was denied a speedy trial.
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