COM. v. HERSTINE


264 Pa.Super. 414 (1979)

399 A.2d 1118

COMMONWEALTH of Pennsylvania, Appellant, v. Barbara HERSTINE.

Superior Court of Pennsylvania.

Decided March 16, 1979.


Attorney(s) appearing for the Case

James A. Cunningham, Assistant District Attorney, Norristown, for Commonwealth, appellant.

Douglas M. Johnson, Assistant Public Defender, Norristown, for appellee.

Before CERCONE, SPAETH and LIPEZ, JJ.


LIPEZ, Judge:

This is an appeal by the Commonwealth from the grant of defendant's motion in arrest of judgment. A written complaint had been filed on June 27, 1977, against the defendant charging her with retail theft, second offense. The information filed on September 9, 1977, failed to mention second offense. Before trial the Commonwealth requested and was granted leave to amend its information to include second offense in the description of the crime. In a jury...

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