Opinion
Submitted November 8, 1976.
May 4, 1977.
Indictment charging defendant with theft by unlawful taking or disposition. Before HABERSTROH, P.J., without a jury. Finding of guilty entered following a plea of nolo contendere and judgment of sentence entered. Defendant appealed. Appeal, No. 817, April T., 1976, from Court of Common Pleas of Blair County, No. 200 of 1976. Submitted November 8, 1976.
Oliver E. Mattas, Jr., Assistant Public Defender, for appellant;
Donald E. Speice, Assistant District Attorney, for Commonwealth, appellee.
Judgment of sentence affirmed.
SPAETH, J., dissents for reasons stated in the dissenting opinion in Commonwealth v. McCusker, 245 Pa. Super. 402, 404, 369 A.2d 465, 466 (1977).