COM. v. FREY


271 Pa.Super. 168 (1979)

412 A.2d 629

COMMONWEALTH of Pennsylvania, Appellant, v. Thomas FREY.

Superior Court of Pennsylvania.

Filed October 19, 1979.


Attorney(s) appearing for the Case

James J. Narlesky, Assistant District Attorney, Easton, for Commonwealth, appellant.

Peter Rybak, Bethlehem, for appellee.

Before HESTER, HOFFMAN and CATANIA, JJ.


HOFFMAN, Judge:

Appellant, the Commonwealth, contends that the post-verdict court erred in granting appellee's motion in arrest of judgment. We disagree and, accordingly, affirm.

A jury convicted appellee of unauthorized use of an automobile. The undisputed evidence showed that appellant sat in the passenger seat while a friend drove the car he had stolen. The Crimes Code provides:

"Unauthorized use of automobiles . . . "(a) Offense defined...

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