COM. v. JOY


253 Pa.Super. 177 (1978)

384 A.2d 1288

COMMONWEALTH of Pennsylvania v. Robert Allyn JOY, Appellant.

Superior Court of Pennsylvania.

Decided April 13, 1978.


Attorney(s) appearing for the Case

Michael J. Wherry, Grove City, for appellant.

Samuel J. Orr, IV, District Attorney, Greenville, for Commonwealth, appellee.

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


HOFFMAN, Judge:

Appellant contends that the lower court erred (1) in instructing the jury that, for purposes of the offense of theft by deception, the jury could consider the respective ages, business experience, and mental capacity of the parties to a transaction in determining whether one party intentionally deceived the other, and (2) in considering, at the time of sentencing, appellant's 1950 adjudication...

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