Commonwealth v. Dunmeyer

COFFROTH, P.J.,

Defendant has filed motions for new trial and arrest of judgment following his jury conviction of theft by deception, based upon his receipt of money from a farm owner for painting a barn, and resulting in defendant’s use of the money for other purposes without painting the barn.

The motions assert that: (1) The evidence is insufficient to establish the requisite intent to deceive, and (2) the verdict is against the weight of the evidence.

FACTS

In July 1975, defendant approached the prosecutor, owner and operator of a farm, and offered to paint his barn; defendant stated he was…