Commonwealth v. Caesar

JACOBS, Judge:

Following a non-jury trial in July, 1975, appellant was convicted of unauthorized use of an automobile. 1 Post-trial motions were denied, and appellant was sentenced to a prison term of six to twenty-three and one-half months. This appeal followed. For reasons hereinafter set forth, we reverse.

The factual history of the case can be summarized as follows: On January 6, 1975, appellant was observed operating a 1966 Buick which was listed on a police “hot sheet” for stolen cars. Officer Frederick Evans pursued the vehicle and, by blowing his horn, signalled appellant to stop.…