Opinion
Decided May 22, 1974
Criminal Law — Evidence — Sufficiency — Larceny.
Before JONES, C. J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.
Petition for leave to appeal, No. 1299, Allocatur Docket, from order of Superior Court, Oct. T., 1973, No. 1221, affirming judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, No. 73-00-0539, in case of Commonwealth of Pennsylvania v. James Coplin. Allocatur granted, order of Superior Court and judgment of sentence reversed, and defendant discharged.
Same case in Superior Court: 226 Pa. Super. 146.
Indictment charging defendant with larceny and receiving stolen goods. Before KUBACKI, J., without a jury.
Finding of guilty of larceny and judgment of sentence entered. Defendant appealed to the Superior Court, which affirmed the judgment of sentence of the court below. Petition for allocatur filed.
Drew Salaman, Assistant Defender, with him John W. Packel, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.
David Richman, Assistant District Attorney, with him James T. Ranney and Milton M. Stein, Assistant District Attorneys, and Arlen Specter, District Attorney, for Commonwealth, appellee.
The petition for allocatur is granted. We agree with the reasoning of the Opinion in Support of Reversal in the Superior Court that the evidence is insufficient to sustain appellant's conviction of larceny. Commonwealth v. Coplin, 226 Pa. Super. 146, 147, 313 A.2d 349, 349 (1973) (SPAETH, J., Opinion in Support of Reversal, joined by JACOBS and HOFFMAN, JJ.).
The judgment of sentence is reversed and appellant discharged.