
    389 A.2d 678
    Commonwealth v. Davenport, Appellant.
    Submitted March 21, 1977.
    Steven Morley, Assistant Defender, and Benjamin Lerner, Defender, for appellant;
    Michael R. Stiles, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
   Judgment of sentence affirmed.

SPAETH, J.,

dissents on the basis of Commonwealth v. Waters, 252 Pa.Super. 357, 381 A.2d 957 (1977) (SPAETH, J., dissenting).

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