No. 1842 Philadelphia, 1981, Appeal from the Judgment of Sentence of June 18, 1981 in the Court of Common Pleas of Montgomery County, Criminal, No. 3554-80.
Theodore Simon, Philadelphia, for appellant.
David M. McGlaughlin, Assistant District Attorney, Norristown, for Commonwealth, appellee.
Spaeth, Cavanaugh and Montemuro, JJ.
[ 306 Pa. Super. Page 324]
This is an appeal from judgment of sentence for retail theft.*fn1 Appellant argues that the evidence was insufficient to sustain the conviction.*fn2 We agree. Accordingly, the judgment of sentence is reversed and appellant ordered discharged.
The Commonwealth's only witness was John J. McConnell, the Inspector of Security at the John Wanamaker Store at
[ 306 Pa. Super. Page 325]
which the incident in question occurred. Appellant testified in her own defense, and gave an entirely innocent explanation of the incident, but since at this stage the Commonwealth is entitled to have the evidence regarded in the light most favorable to it, Commonwealth v. Crowson, 488 Pa. 537, 412 A.2d 1363 (1979); Commonwealth v. Vogel, 468 Pa. 438, 364 A.2d 274 (1976), we shall for the moment ignore appellant's testimony -- we do wish to discuss it later -- and shall refer only to Mr. McConnell's.
Mr. McConnell's direct testimony -- all of it -- was as follows:
BY MR. SILOW [the assistant district attorney]:
Q. Mr. McConnell, I would like to direct your attention to November 25, 1980. Whom were you employed by? [In fact the incident occurred on October 25, 1980.]
Q. And in what capacity, sir?
A. Inspector of security.
Q. Now, directing you back to November 25, 1980, did you have occasion to come into contact with the defendant?