
    Commonwealth v. McHenry, Appellant.
    Argued October 5, 1970.
    Before Bell, C. J., Jones, Cohen, Eagen, O’Brien, Roberts and Pomeroy, JJ.
    
      
      Paul P. Posa, for appellant.
    
      John F. Bell, First Assistant District Attorney, with him Jess D. Costa, District Attorney, for Commonwealth, appellee.
    January 7, 1971:
   Opinion

Per Curiam,

The order of the Superior Court is affirmed.

Mr. Justice Roberts dissents for the reasons expressed in his dissenting opinion in Commonwealth v. James, 440 Pa. 205, 210, 269 A. 2d 898 (1970).

Mr. Justice Cohen took no part in the decisión of this case.  