Commonwealth v. Perkins

OPINION

The Court being equally divided the judgment of sentence remains in effect.

O’BRIEN, J., files an opinion in support of affirmance which is joined by EAGEN, C. J., and LARSEN, J. ROBERTS, J., files an opinion in support of reversal in which NIX and MANDERINO, JJ., join. POMEROY, former J., took no part in the consideration or decision of this case.

OPINION IN SUPPORT OF AFFIRMANCE

O’BRIEN, Justice.

Appellant, Michael Perkins, was tried by a judge sitting with a jury and was convicted of murder of the third degree. Post-verdict motions were denied and appellant was sentenced to serve a…