COM. v. KUYKENDALL


318 Pa.Super. 429 (1983)

465 A.2d 29

COMMONWEALTH of Pennsylvania, Appellant, v. Earl William KUYKENDALL.

Supreme Court of Pennsylvania.

Filed August 26, 1983.


Attorney(s) appearing for the Case

William A. Helm, District Attorney, Lewistown, for Commonwealth, appellant.

John B. Schaner, Lewistown, for appellee.

Before CERCONE, President Judge, and WICKERSHAM and MONTEMURO, JJ.


CERCONE, President Judge:

The Commonwealth here appeals from the order entered by the Court of Common Pleas of Mifflin County on November 24, 1981, granting appellee-defendant's Motion for Arrest of Judgment, following appellee's conviction in a trial by jury of Receiving Stolen Property. For the reasons detailed infra, the order of the lower court is vacated.

The evidence adduced by the Commonwealth at trial showed that appellant, together with his...

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