Commonwealth v. Wetmore

CIRILLO, Judge:

Appellee, Thomas J. Wetmore, was convicted in a jury trial of theft by deception1 and theft by unlawful disposition.2 After argument, the trial court granted appellee’s motion in arrest of judgment and ordered him discharged. The Commonwealth has appealed that order to this court.

In 1874, an 18 year old man committed suicide. Appellee, who was then chief of police in the community, investigated the suicide and recovered a shotgun which was the suicide weapon. The following day, appellee met with the suicide’s father who requested that appellee destroy or otherwise dispose of…