COM. v. WILLIAMS


379 Pa.Super. 538 (1988)

550 A.2d 579

COMMONWEALTH of Pennsylvania v. Ronald WILLIAMS, Appellant.

Supreme Court of Pennsylvania.

Filed November 7, 1988.


Attorney(s) appearing for the Case

Michelle M. Hawk, Erie, for appellant.

Douglas J. Wright, Assistant District Attorney, Girard, for Com., appellee.

Before CAVANAUGH, ROWLEY and KELLY, JJ.


KELLY, Judge:

In this case, we called upon to determine whether robbery or theft occurs when an unconscious, intoxicated victim is rolled over onto his side and his wallet is stolen out of his pants pocket. We conclude that this criminal act constitutes theft rather than robbery. Accordingly, we vacate appellant's robbery conviction and remand for resentencing.

The facts and procedural history may be summarized...

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