dissent based on Commonwealth v. Cathey, 477 Pa. 446, 384 A.2d 589 (1978), and based on Judge Hoffman’s dissenting opinion in Commonwealth v. McNear, 238 Pa.Super. 177, 179, 353 A.2d 39, 40 (1975).
WATKINS, former P. J., did not participate in the consideration or decision of this case.