
    433 A.2d 116
    Commonwealth, Appellant, v. McCall, L.
    Argued June 11, 1980.
    Charles A. Fisher, Assistant District Attorney, for Commonwealth, appellant; A. Benjamin Johnson, for appellee.
    Before BROSKY, WATKINS and CIRILLO, JJ.
    
    
      
       Judge Vincent A. Cirillo of the Court of Common Pleas of Montgomery County, Pennsylvania, is sitting by designation.
    
   Order affirmed on the lower court opinion.

BROSKY, J., filed a memorandum concurring and dissenting opinion.  