COM. v. BURRUSS


380 Pa.Super. 272 (1988)

551 A.2d 580

COMMONWEALTH of Pennsylvania, Appellant, v. Curtis W. BURRUSS and Carol E. Burruss, Appellees.

Supreme Court of Pennsylvania.

Filed December 13, 1988.


Attorney(s) appearing for the Case

Shawn C. Wagner, Assistant District Attorney, Carlisle, for Com., appellant.

Sally Jo Winder, Shippensburg, for appellees.

Before CIRILLO, President Judge, and BROSKY, ROWLEY, WIEAND, McEWEN, DEL SOLE, MONTEMURO, BECK and TAMILIA, JJ.


WIEAND, Judge:

The issue in this appeal is whether the two year statute of limitations within which to prosecute for writing a bad check in violation of 18 Pa.C.S. § 4105 is tolled or extended by the drawer's fraudulent promises to make the check good after the payee learns that the check has been dishonored by the drawee bank.

On April 15, 1984, Curtis and Carol Burruss issued a check in the amount of nine thousand, three hundred eighty ($9,380.00) dollars...

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