Commonwealth v. Warner

OPINION OF THE COURT

HUTCHINSON, Justice.

The Commonwealth appeals by allowance Superior Court’s order affirming an order of Chester County Common Pleas. Common Pleas had granted appellee’s motion to dismiss a felony count under the Crimes Code in a two count information because it felt the other count, a misdemeanor under the Public Welfare Code, encompassed identical activity. Common Pleas then concluded that appellee could be prosecuted only under the latter specific statute. On this record we disagree and therefore reverse.

Appellee was charged with theft by deception under the Crimes Code1…