
    389 A.2d 163
    Commonwealth v. Chappelle, Appellant.
    Submitted September 22, 1976.
    Andrew G. Gay and Edward F. Chacker, for appellant;
    Lynn Bennett, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
   Judgment of sentence affirmed.

HOFFMAN and SPAETH, JJ.,

dissent based on Commonwealth v. Cathey, 477 Pa. 446, 384 A.2d 589 (1978), and based on Judge Hoffman’s dissenting opinion in Commonwealth v. McNear, 238 Pa.Super. 177, 179, 353 A.2d 39, 40 (1975).

WATKINS, former P. J., did not participate in the consideration or decision of this case.  