COM. v. STORES


317 Pa.Super. 109 (1983)

463 A.2d 1108

COMMONWEALTH of Pennsylvania v. Hiram STORES, a/k/a Richard Rogers, Appellant.

Supreme Court of Pennsylvania.

Filed July 22, 1983.


Attorney(s) appearing for the Case

Douglas James Wright, Girard, for appellant.

Michael J. Veshecco, District Attorney, Erie, for Commonwealth, appellee.

Before SPAETH, BROSKY and JOHNSON, JJ.


SPAETH, Judge:

This is an appeal from a judgment of sentence for theft and criminal conspiracy. Appellant argues that the lower court erred in refusing to grant his motion in arrest of judgment.1 We agree and therefore vacate the judgment of sentence and order appellant discharged.

The charges arise from a theft of jewelry. At the close of the Commonwealth's case, counsel for appellant demurred to the evidence. When the trial judge...

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