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COM. v. PEMBERTH

339 Pa.Super. 428 (1985)

489 A.2d 235

COMMONWEALTH of Pennsylvania v. George Michael PEMBERTH, Appellant.

Supreme Court of Pennsylvania.

Filed March 1, 1985.

Attorney(s) appearing for the Case

Richard J. Jacobs, Bethlehem, for appellant.

James M. Connell, Assistant District Attorney, Bethlehem, for Commonwealth, appellee.

Before SPAETH, President Judge, and OLSZEWSKI and CERCONE, JJ.

OLSZEWSKI, Judge:

Appellant challenges his conviction under 18 Pa.C.S. Sec. 3928, Unauthorized Use of a Motor Vehicle.

We are asked to decide whether a defendant charged only with theft by unlawful taking or disposition, 18 Pa.C.S. Sec. 3921, and receiving stolen property, 18 Pa.C.S. Sec. 3925, can be validly convicted for unauthorized use of a motor vehicle, 18 Pa.C.S. Sec. 3928.

It is well-settled that upon indictment for a particular crime, a defendant...

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