concurring:
While I join in the majority rationale and conclusion that appellant waived any challenge to Section 110 of the Crimes Code, I also share the view of the learned hearing judge that the decisions of our Supreme Court in Commonwealth v. Beatty, 500 Pa. 284, 455 A.2d 1194 (1983), and of this Court in Commonwealth v. Kresge, 317 Pa.Super. 405, 464 A.2d 384 (1983), require that the motion for dismissal be denied.