Commonwealth v. Kuykendall

CERCONE, President Judge:

The Commonwealth here appeals from the order entered by the Court of Common Pleas of Mifflin County on November 24, 1981, granting appellee-defendant’s Motion for Arrest of Judgment, following appellee’s conviction in a trial by jury of Receiving Stolen Property. For the reasons detailed infra, the order of the lower court is vacated.

The evidence adduced by the Commonwealth at trial showed that appellant, together with his girlfriend, Dorothy Myers, drove to New York City in October, 1980 in appellant’s blue, 1970 Chevrolet Monte Carlo Sport Coupe. The automobile…