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COM. v. LOWRY

306 Pa.Super. 277 (1982)

452 A.2d 552

COMMONWEALTH of Pennsylvania. v. Anthony James LOWRY, Appellant.

Superior Court of Pennsylvania.

Filed November 5, 1982.

Attorney(s) appearing for the Case

Vincent R. Baginski, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Before BROSKY, JOHNSON and MONTGOMERY, JJ.

PER CURIAM:

Appellant Anthony James Lowry was convicted of theft by the Honorable John W. O'Brien, sitting without a jury. Post-trial motions were denied and appellant was sentenced to 11 1/2 to 23 months imprisonment and five years probation. This direct appeal followed. Because we agree that the evidence is insufficient to sustain the conviction, we reverse the judgment of sentence and discharge appellant.

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