Commonwealth v. Bailey

SPAETH, Judge:

Appellant was convicted, following a trial by jury, of theft by unlawful disposition 1 and of theft by receiving stolen goods.2 On this appeal he contends that the evidence was insufficient to sustain the conviction. We agree that the evidence was insufficient to sustain the conviction of theft by unlawful disposition, and we therefore vacate the judgment of sentence on that charge. However, we affirm the conviction on the charge of theft by receiving, and remand for resentencing.

In 1974, the Quaker State Telephone Company stored new and scrap telephone cable at two locations in…