COM. v. FUCCI


251 Pa.Super. 156 (1977)

380 A.2d 425

COMMONWEALTH of Pennsylvania v. Antonio FUCCI, Jr. a/k/a Carmen, Appellant.

Superior Court of Pennsylvania.

Decided December 2, 1977.


Attorney(s) appearing for the Case

Gary Neil Asteak, Easton, for appellant.

Alan B. McFall, Assistant District Attorney, and John E. Gallagher, District Attorney, Easton, for Commonwealth, appellee.

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


CERCONE, Judge:

The instant appeal arises from appellant's conviction, after a jury trial of theft by deception. Crimes Code, 18 Pa.C.S. § 3922 (1973). The offense occurred when appellant, Tony (Carmen) Fucci, and his paramour, Glenda Volkert, sold baking soda to an undercover State Police officer after representing the substance to be heroin. Appellant alleges that the Commonwealth failed to prove he intended to defraud the officer. Appellant also contends that...

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