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COMMONWEALTH PENNSYLVANIA v. CHARLES FRITZ (12/30/83)

filed: December 30, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
CHARLES FRITZ, APPELLANT. COMMONWEALTH OF PENNSYLVANIA V. NEVIN HELFRICH, APPELLANT



No. 1824 Philadelphia 1981, No. 1837 Philadelphia 1981, Appeal from the Judgment of Sentence of June 22, 1981, Court of Common Pleas, Lehigh County, Criminal 477 and 478 of 1979.

COUNSEL

W. Hamlin Neely, Allentown, for Charles Fritz, appellant.

Charles James Fonzone, Allentown, for Nevin Helfrich, appellant.

William H. Platt, District Attorney, Allentown, for Commonwealth, appellee.

Johnson, Watkins and Lipez, JJ.

Author: Johnson

[ 323 Pa. Super. Page 491]

This case began when Greyhound Bus Lines, Inc., Trans-Bridge Lines, Inc., Tri City Coaches, Boro Bus Company, and Bieber Tourways initiated criminal charges against appellants, Charles Fritz and Nevin Helfrich, for "Theft by failure to make the required disposition of funds received," 18 Pa.C.S.A. § 3927.*fn1 Appellants were tried before a jury and convicted. In this consolidated appeal from that judgment

[ 323 Pa. Super. Page 492]

    of sentence, they contend that there was insufficient evidence of two elements of the offense. We disagree and affirm.

The test we apply to decide the sufficiency questions in this case is whether, accepting as true all of the evidence reviewed in the light most favorable to the Commonwealth, together with all reasonable inferences therefrom, the jury could have reasonably found that the disputed elements of the offense charged were supported by evidence and inferences sufficient in law to prove guilt beyond a reasonable doubt. Commonwealth v. Lovette, 498 Pa. 665, 450 A.2d 975 (1982).

Our examination of the trial record in the light most favorable to the Commonwealth reveals the following facts. Appellants were partners in the operation of the Allentown Bus Terminal. They entered into separate agreements with the complaining bus companies, whereby they were authorized as agents of these companies to sell their bus tickets. Each of the agreements obligated appellants to remit the proceeds of ticket sales to the complaining bus companies, after deducting the appropriate amount of their commission.*fn2

In the month of January, 1979, appellants collected $14,001.60 in receipts from the sale of tickets for the complaining bus companies. They also owed an unspecified amount of arrears from December of 1978. In accordance with appellants' business practice, the ticket receipts collected in January of 1979 were deposited in the bank account of the partnership, from which appellants would pay the expenses of the bus terminal and remit monies to all the bus companies for whom they were agents. Appellants made remittances to the complaining bus companies in the aggregate amount of $16,591.59. Because appellants were in arrears

[ 323 Pa. Super. Page 493]

    from December, the complaining bus companies applied the payments made in January to the December ...


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