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COMMONWEALTH PENNSYLVANIA VS MICKI PANEBAKER (05/09/79)

SUPERIOR COURT OF PENNSYLVANIA


May 9, 1979

COMMONWEALTH OF PENNSYLVANIA VS MICKI PANEBAKER, APPELLANT

No. 460 March Term, 1977, Appeal from Judgment of Sentence of the Court of Common Pleas of York County at No. 107 Criminal Action, 1977.

Before Van Der Voort, Watkins, And Lipez, JJ.

Per Curiam:

Judgment of sentence affirmed.

MEMORANDUM IN SUPPORT OF PER CURIAM ORDER:

Appeal is taken from judgment of sentence rendered following jury trial and conviction of theft and forgery. 18 Pa. C.S. ยงยง 3921 and 4101. Facts from trial showed that appellant, while employed as bookkepper for the United Cerebral Palsy Association, had removed from the charity's checkbook a certain number of checks, had forged upon them the names of the required signatories, and had presented them for payment. We are asked to find error in the lower court's refusal to grant appellant's motion for arrest of judgment.

We are limited in our review to consideration of the propriety of the record. Commonwealth v. Hopkins, 156 Pa. Super. 648, 41 A.2d 341 (1945). To the contrary of appellant's argument, the Commonwealth did establish corpus delicti by introducing the instruments which had been in appellant's custody and by which she, in forging the names of the signatories, had obtained or intended to obtain money, by fraud. Commonwealth v. Jones, 242 Pa. Super. 471, 364 A.2d 368 (1976) and Commonwealth v. Green, 205 Pa. Super. Ct. 539, 211 A.2d 5 (1965). Neither was it in contravention of the best evidence rule to have introduced photocopies in light of testimony that the Association could not find the original checks returned to appellant after being processed by the bank, which checks accompanied the bank statement which showed that said checks had been paid. Commonwealth v. Olitsky, 184 Pa. Super. 144, 133 A.2d 238 (1957). The testimony and evidence presented amply connect appellant with the crime.

Judgment of sentence affirmed.

19790509

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