Commonwealth v. Martin

BECK, Judge.

The issue in this case is whether under the statute consolidating the various theft offenses, 18 Pa.Cons.Stat. Ann. § 3902 (Purdon 1983), the Commonwealth is required to give notice to the defendant as to the specific provision of the theft statute under which it intends to seek a guilty verdict where the specific theft offense charged is different from the one the Commonwealth is attempting to establish at trial.

In this case appellant was found guilty by a jury of theft of property lost, mislaid, or delivered by mistake, 1 of driving under the influence, 2 and escape. 3 We…