
    Commonwealth, Appellant, v. Koniuszy.
    Argued December 8, 1972.
    
      Stewart J. Greenleaf, Assistant District Attorney, with him William T. Nicholas, First Assistant District Attorney, and Milton 0. Moss, District Attorney, for Commonwealth, appellant; Edward J. Ozorowski, with him Geoghegan & Ozorowski, for appellee.
   Order affirmed.

Weight, P. J., dissents.  