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COM. v. LEWIS

350 Pa.Super. 595 (1986)

504 A.2d 1310

COMMONWEALTH of Pennsylvania v. James Dean LEWIS, Appellant.

Supreme Court of Pennsylvania.

Filed February 3, 1986.

Attorney(s) appearing for the Case

Raymond H. Bogaty, Public Defender, Grove City, for appellant.

Charles S. Hersh, Assistant District Attorney, Hermitage, for Com., appellee.

Before SPAETH, President Judge, and BROSKY, ROWLEY, WIEAND, McEWEN, CIRILLO, OLSZEWSKI, MONTEMURO and TAMILIA, JJ.

OLSZEWSKI, Judge:

This matter comes before this court en banc on appeal from a judgment of sentence for retail theft.1 The relevant events occurred on January 5, 1982, at 7:11 p.m., when appellant, James Dean Lewis, was seen leaving Stambaugh's Hardware Store in Hermitage, Pennsylvania, without paying for a chain saw he had in his possession. At approximately 8:00 p.m., appellant was...

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