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COM. v. BENDER

251 Pa.Super. 454 (1977)

380 A.2d 868

COMMONWEALTH of Pennsylvania v. Otto Paul BENDER, Appellant.

Superior Court of Pennsylvania.

Decided December 2, 1977.

Attorney(s) appearing for the Case

John J. Thomas, Assistant Public Defender, Wilkes-Barre, for appellant.

Patrick J. Toole, Jr., District Attorney, Wilkes-Barre, for Commonwealth, appellee.

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

PRICE, Judge:

Appellant, the owner of a business in Wilkes-Barre, was convicted of wilfully failing or refusing to remit sales tax1 which accrued during the first quarter of 1973.2 We agree that the instant prosecution is barred by the statute of limitations. The judgment of sentence must, therefore, be reversed.

The first question raised is whether...

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