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COMMONWEALTH PENNSYLVANIA v. EDWARD HUFFNAGLE (06/01/79)

decided: June 1, 1979.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
EDWARD HUFFNAGLE



No. 187 March Term 1978, Appeal from Judgment of Sentence imposed by Court of Common Pleas of Mifflin County, R. Lee Ziegler, President Judge, presiding on Aug. 25, 1978, at No. 247 of 1977.

COUNSEL

Richard M. Mohler, District Attorney, Lewistown, for Commonwealth, appellant.

Alan Ellis, State College, for appellee.

Spaeth, Hester and Montgomery, JJ.

Author: Per Curiam

[ 267 Pa. Super. Page 74]

The order of the lower court is affirmed. The court was correct in finding the evidence insufficient to convict appellee of theft by deception. The Commonwealth failed to show that appellee intended to mislead the undercover agent. In this regard it may be noted that the price paid by the undercover agent was quite low in relation to the current street value of amphetamines.

19790601

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