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COM. v. HENLEY

312 Pa.Super. 564 (1983)

459 A.2d 365

COMMONWEALTH of Pennsylvania, Appellant, v. Samuel HENLEY.

Superior Court of Pennsylvania.

Filed March 31, 1983.

Reargument Denied May 25, 1983.

Petition for Allowance of Appeal Granted September 27, 1983.

Attorney(s) appearing for the Case

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

Burton A. Rose, Philadelphia, for appellee.

Before CAVANAUGH, ROWLEY and HOFFMAN, JJ.

HOFFMAN, Judge:

This is a Commonwealth appeal from the lower court's sustaining a demurrer to the evidence charging appellee with attempting to receive stolen property because the crime was legally impossible. We find that the legal impossibility defense has been abolished in Pennsylvania and, accordingly, reverse and remand for trial.

On December 22, 1980, the Commonwealth's informant entered appellee's jewelry store and offered to sell appellee

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