Opinion
Submitted March 15, 1976.
July 15, 1976.
Indictment charging defendant with theft. Before LIPEZ, J., specially presiding. Order entered sustaining demurrer by defendant to the evidence. Commonwealth appealed. Appeal, No. 1114, Oct. T., 1975, from Court of Common Pleas of Lycoming County, No. 74-10, 749.
Gregory V. Smith, Assistant District Attorney and Allen E. Ertel, District Attorney, for Commonwealth, appellant; Kenneth D. Brown, Assistant Public Defender, and Peter T. Campana, Public Defender, for appellee.
Order affirmed.