
    Commonwealth v. Minker, Appellant.
    Argued October 2, 1958.
    Before Jones, C. J., Bell, Musmanno, Jones and Cohen, JJ.
    
      re-argument refused July 10, 1959.
    
      Jacob Kossman, with him Samuel R. Liever, for appellant.
    
      Victor Wright, Deputy Attorney General, with him Thomas D. McBride, Attorney General, for appellee.
    May 28, 1959:
   Opinion by

Mr. Justice Bell,

This appeal raises the same questions as were raised in Commonwealth v. Fudeman, and for the reasons set forth in that opinion, which is reported in 396 Pa. 236, 152 A. 2d 428, the Order of the Superior Court quashing the appeal is affirmed.

Mr. Justice McBride took no part in the consideration or decision of this case.

Dissenting Opinion by

Mr. Justice Musmanno:

This appeal raises the same questions discussed in Commonwealth v. Fudeman, and, for the reasons set forth in my Dissenting Opinion in that case, I would reverse the order of the Superior Court quashing the appeal in this case.  