The judgment of sentence is vacated and the case is remanded for further proceedings consistent with Commonwealth v. McCusker, 245 Pa.Super. 402, 369 A.2d 465 (1976) (Dissenting Opinion by Spaeth, J.,), rev’d-Pa.-(No. 2850 Alloc. Dkt., Filed September 21, 1977.)
SPAETH, J., files a concurring opinion in which JACOBS President Judge, and HOFFMAN, J., join as well as their joining in this Opinion Per Curiam. PRICE, J., files a dissenting opinion.