Opinion
Submitted June 12, 1978.
October 12, 1979.
Criminal proceedings. Retail theft. Before VOGEL, J. No. 115 Oct. T., 1978. Appeal from the judgment of sentence of the Court of Common Pleas of Montgomery County, No. 4899 of 1976. Submitted June 12, 1978.
William T. Nicholas, District Attorney, for Commonwealth, appellant; Roger B. Reynolds, Jr., for appellee.
Before JACOBS, P.J., and HOFFMAN, CERCONE, PRICE, VAN der VOORT, SPAETH and HESTER, JJ.
Judgment of sentence affirmed.
HESTER, J., filed a memorandum dissenting statement.
JACOBS, former P.J., did not participate in the consideration or decision of this case.