
    428 A.2d 237
    Commonwealth, Appellant v. Smith, Jr.
    Argued December 4,1979.
    Vram Nedurian, Jr., Assistant District Attorney, for Commonwealth, appellant;
    Jon J. Auritt, for appellee.
    Before SPAETH, CAVANAUGH and O’KICKI, JJ.
    
    
      
       President Judge Joseph F. O’Kicki, of the Court of Common Pleas of Cambria County, Pennsylvania is sitting by designation.
    
   Order affirmed.  