Opinion
Submitted March 14, 1977.
May 5, 1978.
Indictment charging defendant with theft by unlawful taking. Before MORGAN, J., without a jury. Finding of guilty and judgment of sentence entered. Defendant appealed. Appeal, No. 6, March T., 1977, from Court of Common Pleas of Dauphin County, No. 1527 of 1975. Submitted March 14, 1977.
Philip D. Freedman, Assistant Public Defender, for appellant; Marion E. MacIntyre, Second Assistant District Attorney, and LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.
Judgment of sentence reversed and appellant discharged. See, Commonwealth v. Keller, 249 Pa. Super. 384, 378 A.2d 347 (1977).
PRICE, J., dissented.
WATKINS, former P.J., did not participate in the consideration or decision of this case.