Petition for leave to appeal 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.
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.
Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.
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. Superior Ct. 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.
Allocatur granted, order of Superior Court and judgment of sentence reversed, and defendant discharged.