
    Commonwealth v. Smith, Appellant.
    Argued November 16, 1972.
    
      Francis J. Fornelli, with him Gusick, Madden, J ogee & 
      
      McKay, for appellant;
    
      Robert F. Banks, First Assistant District Attorney, with him Joseph J. Nelson, District Attorney, for Commonwealth, appellee.
   Opinion

per Curiam:

The district attorney being in agreement, the judgment of sentence is vacated and the defendant is discharged.

Watkins, J., absent.  