No. 2222 October Term, 1978, Appeal of Judgment of Sentence of the Court of Common Pleas of Montgomery County, at No. 4109-77.
Leo H. Eschbach, Pottstown, for appellant.
James A. Cunningham, Assistant District Attorney, Pottstown, for Commonwealth, appellee.
Hester, Hoffman, and Catania, JJ.*fn*
[ 272 Pa. Super. Page 453]
On March 14, 1978, a jury convicted appellant of one count each of forgery and escape. After denying post-verdict motions, the trial court sentenced appellant to concurrent terms of imprisonment of 2 1/2 to 7 years on each count. Appellant contends that the evidence is insufficient to support the verdicts and that the trial court erred in its instructions. We find the evidence insufficient to sustain the verdict on forgery and otherwise affirm.
Appellant entered a branch of the Bank of Pennsylvania and presented a check for $150.00, payable to cash. The check was signed and endorsed in the name of Elsworth Kutz. When the teller requested that appellant produce identification, appellant replied that he had left his wallet at home. The teller directed him to the branch supervisor, who also refused to cash the check. Appellant then left. Elsworth Kutz testified that he had never written a check for $150.00 and that, when he received a call from the bank after appellant's departure, he noticed that some of his checks were missing. The Commonwealth did not introduce the check.
One month later, Officer Clinton Stofflet of the Douglass Township Police Department took appellant into custody and handcuffed him. Stofflet brought appellant to the Township Building, where the officer removed the handcuffs and took finger prints and photographs of appellant. When Stofflet turned his back, appellant ran through an unlocked door and out of the building, but was soon apprehended.
[ 272 Pa. Super. Page 454]
Appellant argues that the evidence is insufficient to prove that he committed a forgery because the Commonwealth did not show that he forged the check or knew that the check was forged. 18 Pa.C.S.A. § 4101 provides:
(a) Offense defined. -- A person is guilty of forgery if, with intent to defraud or injure anyone, or with knowledge that he is facilitating a fraud or ...