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COM. v. EDNEY

294 Pa.Super. 67 (1982)

439 A.2d 752

COMMONWEALTH of Pennsylvania, v. Carlos EDNEY, Appellant.

Superior Court of Pennsylvania.

Filed January 5, 1982.

Petition for Allowance of Appeal Denied March 26, 1982.

Attorney(s) appearing for the Case

Kalvin Kahn, Philadelphia, for appellant.

Kenneth S. Gallant, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before SPAETH, WIEAND and JOHNSON, JJ.

JOHNSON, Judge:

Appellant was convicted of aggravated assault1 and theft by unlawful taking or disposition2 in a non-jury trial on October 2, 1979 and later sentenced to one to five years imprisonment for assault with sentence suspended on the theft conviction. He argues on appeal that (1) the verdict was contrary to the weight and sufficiency of the evidence, (2) that it was error for the lower court to refuse...

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