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COMMONWEALTH v. CAESAR

245 Pa.Super. 157 (1976)

369 A.2d 341

COMMONWEALTH of Pennsylvania v. Richard CAESAR, Appellant.

Superior Court of Pennsylvania.

Decided November 22, 1976.

Attorney(s) appearing for the Case

John W. Packel, Assistant Public Defender, Philadelphia, for appellant.

Steven H. Goldblatt, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, Philadelphia, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

JACOBS, Judge:

Following a non-jury trial in July, 1975, appellant was convicted of unauthorized use of an automobile.1 Post-trial motions were denied, and appellant was sentenced to a prison term of six to twenty-three and one-half months. This appeal followed. For reasons hereinafter set forth, we reverse.

The factual history of the case can be summarized as follows: On January 6, 1975, appellant was observed operating a 1966...

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