Commonwealth v. Posavek

PRICE, Judge:

On February 11,1977, following a jury trial, appellant was convicted of conspiracy 1 and theft by deception. 2 Post-trial motions were denied by the court en banc, as was appellant’s petition to reconsider the motions in light of Commonwealth v. Gallo, 473 Pa. 186, 373 A.2d 1109 (1977). At the sentencing hearing, appellant presented a motion for new trial based on after-discovered evidence. A hearing was held on February 10, 1978, in which evidence was presented on appellant’s petition claiming a juror’s violation of his duty to refrain from discussing the case with others. The…