COM. v. SMITH


274 Pa.Super. 280 (1980)

418 A.2d 406

COMMONWEALTH of Pennsylvania v. Leon SMITH, Appellant.

Superior Court of Pennsylvania.

Filed January 11, 1980.


Attorney(s) appearing for the Case

John A. DiCicco, Assistant Public Defender, Norristown, for appellant.

John J. Burfete, Assistant District Attorney, Norristown, for Commonwealth, appellee.

Before SPAETH, STRANAHAN and SUGERMAN, JJ.


STRANAHAN, Judge:

The defendant was convicted of theft of a handgun in a non-jury trial. He has now appealed from the judgment of sentence.

On November 7, 1977 the defendant was present at the home of Michael Romano, the owner of the gun. Also present were Romano's wife and three children.

Another child, Mark, was instructed to clean the handgun which was left in a cardboard box on the kitchen table during the evening of November 7. On the morning...

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