Opinion by

This case is controlled by our opinion in Commonwealth v. Boyer, 286 Pa. Superior Ct. 214, 345 A.2d 187 (1975)., as the appellant, Leon Ryland Brown, was a co-defendant with Harrison Epps Boyer and raises the same issues as those raised in this appeal.

The order of the lower court denying the Motion in Arrest of Judgment and the Judgment of Sentence are reversed and appellant is discharged.

Watkins, P.J., and Jacobs and Van der Voort, JJ., dissent.