Commonwealth v. Spahn

The six Judges who heard this appeal being equally divided, the judgment of sentence is affirmed.

VAN der VOORT, J., files an opinion in support of affirmance in which CERCONE and PRICE, JJ., join. SPAETH, J., files an opinion in support of reversal in which JACOBS, President Judge, and HOFFMAN, J., join. WATKINS, former President Judge, did not participate in the consideration or decision of this case. *159VAN der VOORT, Judge, in support of affirmance.

At approximately 1:30 P.M., on January 10, 1976, the appellant, Kay Ann Spahn, entered the Blair County Prison to visit her brother who was a…