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KAUFFMAN APPEAL (09/11/69)

SUPERIOR COURT OF PENNSYLVANIA


decided: September 11, 1969.

KAUFFMAN APPEAL

Appeal from judgment of Court of Common Pleas of Lancaster County, Aug. T., 1967, No. 47, in re David E. Kauffman, an alleged delinquent child.

COUNSEL

James P. Coho, for appellant.

James F. Heinly, Assistant District Attorney, with him Clarence C. Newcomer, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Wright, P. J., would affirm on the opinion of President Judge Wissler.

Author: Per Curiam

[ 215 Pa. Super. Page 111]

Appellant, a juvenile, was adjudged delinquent for violation of the Act of June 24, 1939, P. L. 872, § 675.1, added August 14, 1963, P. L. 1098, as amended, 18 P.S. § 4675.1, which in relevant part provides: "It shall be unlawful for a person less than twenty-one years of age to . . . consume . . . any alcohol . . . within the Commonwealth." This appeal followed.

At trial, two police officers and a fourteen-year-old boy testified that appellant consumed alcohol in his own home. The Commonwealth, however, stipulated that the case rested solely on the testimony of the boy and agreed to strike the testimony of the officers. After a careful review, we find that the testimony of the boy was insufficient to establish that appellant was seen drinking alcohol.*fn1 Thus, we must reverse and order

[ 215 Pa. Super. Page 112]

    dismissal. See Jackson Appeal, 214 Pa. Superior Ct. 156, 251 A.2d 711 (1969).*fn2

Judgment of sentence is vacated, and appellant is discharged.

Disposition

Judgment vacated and appellant discharged.


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