Commonwealth v. Ostolaza

SPAETH, Judge:

Appellant was tried by a judge sitting without a jury and was convicted of robbery. Post-verdict motions were denied and appellant was sentenced to two to four years in prison. On this appeal appellant contends that the evidence was insufficient to sustain the conviction.

On July 16, 1977, at approximately 12:00 noon, the victim was standing at a counter in the Southern Market in Lancaster. She had taken out her wallet to pay the store clerk and was holding it open in her hand when appellant grabbed it. The victim refused to let go of the wallet and held onto it, screaming.…