Commonwealth v. Henley

HOFFMAN, Judge:

This is a Commonwealth appeal from the lower court’s sustaining a demurrer to the evidence charging appellee with attempting to receive stolen property because the crime was legally impossible. We find that the legal impossibility defense has been abolished in Pennsylvania and, accordingly, reverse and remand for trial.

On December 22, 1980, the Commonwealth’s informant entered appellee’s jewelry store and offered to sell appellee five gold chains that had been specially coated by law enforcement officials. Appellee, clearly made aware that the chains were stolen, paid the…