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COM. v. LINDER

284 Pa.Super. 327 (1981)

425 A.2d 1126

COMMONWEALTH of Pennsylvania v. Ralph LINDER, Appellant.

Superior Court of Pennsylvania.

Filed February 6, 1981.

Attorney(s) appearing for the Case

Arthur J. King, Assistant Public Defender, Norristown, for appellant.

David M. McGlaughlin, Assistant District Attorney, Norristown, for Commonwealth, appellee.

Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.

WICKERSHAM, Judge:

Appellant, Ralph Linder, was convicted by a jury of theft by deception.1 Post-verdict motions were denied, and appellant was sentenced to a term of imprisonment of two to five years. This appeal followed.

The facts may be summarized as follows. On August 20, 1978, between three and four p.m., Dennis Fitzgerald was the attendant at Neely's Sunoco Station in...

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