Commonwealth v. Balazick

MONTGOMERY, Judge:

Appellant was convicted following a jury trial of theft by unlawful taking of fifteen gallons of gasoline and a gasoline can which belonged to the Emerald Mine Corporation. Post-verdict motions were thereafter denied and appellant was sentenced on August 11, 1978. This appeal is limited to the question of whether the lower court erred in refusing to grant a motion for a new trial on the basis of the District Attorney’s closing remarks to the jury.

Initially, we are hindered in this case by the fact that the closing arguments of counsel are not of record. The Commonwealth…