Commonwealth v. Austin

CERCONE, Judge:

Appellant, William R. Austin, was convicted, in a non-jury trial in the Court of Common Pleas of Tioga County, of violating Section 3927 of the Pennsylvania Crimes Code, “Theft by failure to make required disposition of funds received” 18 Pa.C.S. § 3927. Defendant’s post-trial motions were denied. Sentence was suspended and defendant was placed on probation for a period of twelve months on the condition that he pay the costs of prosecution. Defendant appealed. We reverse the decision of the lower court.

Mr. and Mrs. Joseph E. Carey contracted with the appellant, a construction…