COM. v. WINDELL


365 Pa.Super. 392 (1987)

529 A.2d 1115

COMMONWEALTH of Pennsylvania v. Robert WINDELL, Appellant.

Supreme Court of Pennsylvania.

Filed August 14, 1987.


Attorney(s) appearing for the Case

Augustine J. Rieffel, Philadelphia, for appellant.

Donna G. Zucker, Assistant District Attorney, Philadelphia, for Com., appellee.

Before WIEAND, OLSZEWSKI and HOFFMAN, JJ.


WIEAND, Judge:

The issue in this appeal is whether a thief, who surreptitiously and without the knowledge of the owner removes a coin purse and wallet from a pocketbook being carried by a passenger on a bus, is guilty of robbery. We conclude that because the element of force is missing, the pickpocket is guilty of theft and not robbery.

On February 21, 1985, at or about 9:45 a.m., Kenny Welsh, a Sears security guard, received information from a customer that...

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