Commonwealth v. Neal

ORDER

Mr. Justice NIX, Mr. Justice LARSEN, and Mr. Justice KAUFFMAN would dismiss the appeal as improvidently granted.

Mr. Chief Justice O’BRIEN, Mr. Justice ROBERTS, and Mr. Justice FLAHERTY would reverse the order of the Superior Court. The order of the Superior Court, therefore, is not disturbed.

Mr. Justice ROBERTS filed an Opinion in Support of Reversal in which Mr. Chief Justice O’BRIEN and Mr. Justice FLAHERTY join.

OPINION IN SUPPORT OF REVERSAL

ROBERTS, Justice.

Appellant Richard Neal was convicted in the Municipal Court of Philadelphia for retail theft and conspiracy. He received…