COM. v. ANZALONE


269 Pa.Super. 549 (1979)

410 A.2d 838

COMMONWEALTH of Pennsylvania v. Richard J. ANZALONE, Jr., Appellant.

Superior Court of Pennsylvania.

Filed September 19, 1979.

Reargument Denied January 10, 1980.

Petition for Allowance of Appeal July 28, 1980.


Attorney(s) appearing for the Case

George P. Micacchione, Ellwood City, for appellant.

Howard C. Klebe, Assistant District Attorney, New Castle, for Commonwealth, appellee.

Before CERCONE, President Judge, and WIEAND and HOFFMAN, JJ.


HOFFMAN, Judge:

Appellant contends that: 1) the evidence is insufficient to sustain the verdict; and 2) he was illegally arrested. We agree that the evidence is insufficient to sustain part of the verdict and that appellant was unlawfully arrested. Therefore, we discharge appellant on one count and vacate judgment of sentence on two counts. We otherwise affirm judgment of sentence.

On June 29, 1977, a court sitting without jury convicted appellant on the following...

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