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COMMONWEALTH PENNSYLVANIA v. KENNETH L. ROSS (05/09/79)

SUPERIOR COURT OF PENNSYLVANIA


May 9, 1979

COMMONWEALTH OF PENNSYLVANIA, APPELLANT
v.
KENNETH L. ROSS

No. 142 March Term, 1978, Appeal from the Order of the Court of Common Pleas, Criminal Division of Snyder County, Pennsylvania, at No. 17 -- 1978.

Before Spaeth, Hester and Montgomery, JJ.

Per Curiam:

Order of the lower court affirmed.

MEMORANDUM IN SUPPORT OF PER CURIAM ORDER:

The Commonwealth appeals from the order sustaining appellee's demurrer to the evidence. The Commonwealth asserts only that the evidence was clearly sufficient to make out a prima facie case of theft and receiving stolen property.

Our review of the evidence, giving all inferences to the Commonwealth, indicates that, at best, their case was rather thin.

The court found that the appellee neither had the original intent to steal the car nor did he subsequently exert any control or dominion over it. The court found that the inferences presented by the Commonwealth were legally insufficient to make out a case for the jury. Appellant has not persuaded us otherwise.

Order of the lower court affirmed.

19790509

© 1998 VersusLaw Inc.



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