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COM. v. DAUBNER

288 Pa.Super. 47 (1981)

431 A.2d 280

COMMONWEALTH of Pennsylvania v. Richard M. DAUBNER, Appellant.

Superior Court of Pennsylvania.

Filed February 13, 1981.

Reargument Denied July 14, 1981.

Attorney(s) appearing for the Case

J. Patrick Walsh, Butler, for appellant.

Robert F. Hawk, Assistant District Attorney, Butler, submitted a brief on behalf of Commonwealth, appellee.

Before PRICE, BROSKY and MONTGOMERY, JJ.

BROSKY, Judge:

Appellant contends that the evidence is insufficient to sustain conviction for theft by deception. We agree with appellant. The decision of the lower court is reversed.

The offense of theft by deception is defined in 18 Pa.C. S.A. § 3922:

(a) Offense defined. — A person is guilty of theft if he intentionally obtains or withholds property of another by deception. A person...

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