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COMMONWEALTH v. HENDERSON

451 Pa. 452 (1973)

Commonwealth v. Henderson, Appellant.

Supreme Court of Pennsylvania.

May 4, 1973.

Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, with him Jonathan Miller, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Louis A. Perez, Jr., Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE MANDERINO, May 4, 1973:

The appellant, Michael Henderson, who was convicted in a nonjury trial of receiving stolen goods, contends that his demurrer to the prosecution's evidence should have been granted. We agree and reverse.

The prosecution's evidence established that sometime between July 7, 1970 and July 14, 1970, a 1963 Volkswagen was stolen in Philadelphia. On July 10, 1970, a license plate belonging to a different automobile was...

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