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COMMONWEALTH PENNSYLVANIA v. WILLIE C. WILLIAMS (01/04/80)

filed: January 4, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
WILLIE C. WILLIAMS, APPELLANT



No. 1843 October Term, 1978, Appeal from Sentence of the Court of Common Pleas of Berks County, Pennsylvania, Criminal Division, to No. 77086201-9, 77086201-2 of 1977.

COUNSEL

George C. Yatron, Reading, for appellant.

J. Michael Morrissey, District Attorney, Reading, for Commonwealth, appellee.

Van der Voort, Hester and Wieand, JJ.

Author: Wieand

[ 273 Pa. Super. Page 580]

Willie C. Williams, appellant, was convicted of forgery*fn1 and criminal attempt to commit theft by deception.*fn2 Following

[ 273 Pa. Super. Page 581]

    denial of post trial motions, appellant was sentenced on the forgery charge to serve a term of imprisonment for not less than three years nor more than seven years and to pay a fine of $50. For the offense of criminal attempt, he was sentenced to serve a concurrent term of not less than one year nor more than two years. On appeal, appellant raises eight issues, five of which challenge the sufficiency of the evidence to sustain the convictions. The remaining three issues dispute the propriety of (1) the Court's refusal to suppress identification testimony and appellant's incriminatory statement; (2) the admission into evidence of appellant's incriminatory statement, allegedly without prior proof of a corpus delicti; and (3) the trial court's denial of a motion for mistrial on the grounds that a witness had testified he saw appellant at a previous hearing. Because the evidence amply supports the verdict and because appellant's assignments of error are without merit, the judgment of sentence will be affirmed.

The offense of forgery, 18 Pa.C.S. § 4101, provides in pertinent part:

§ 4101. Forgery.

(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 injury to be perpetrated by anyone, the actor:

(1) alters any writing of another without his authority;

(2) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the ...


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