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COMMONWEALTH v. JUSTICE

230 Pa.Super. 537 (1974)

Commonwealth v. Justice, Appellant.

Superior Court of Pennsylvania.

September 23, 1974.

Attorney(s) appearing for the Case

Berel Caesar, with him Rubin, Leib and Caesar, for appellant.

James Garrett, Assistant District Attorney, with him David Richman, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY HOFFMAN, J., September 23, 1974:

In this appeal, we must decide whether a defendant, the alleged sole participant in the taking of goods from a department store, may be convicted in a non-jury trial of receiving stolen goods, after being acquitted of larceny.

As in every appeal from a criminal conviction, the evidence must be read in the light most favorable to the Commonwealth and the Commonwealth...

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