Commonwealth v. Warner

WIEAND, Judge:

Rena Warner was charged with theft by deception and welfare fraud as a consequence of false statements made to obtain welfare payments in the total amount of $2,967.68. The trial court, on motion of the defendant, dismissed the general charge of theft on the grounds that Ms. Warner could be prosecuted only for violating the specific welfare fraud provision of the Public Welfare Act. The Commonwealth appealed. We affirm.

The welfare funds in question were paid to appellee in the form of full public assistance from January, 1978 to June, 1979. During that period, she failed to…