Commonwealth v. McSween

WATKINS, Judge:

This is an appeal from the judgment of sentence of the Court of Common Pleas of Philadelphia County, Criminal-Trial division, by the defendant-appellant, John McSween, after conviction, non-jury, of retail theft. Post-trial motions were denied and he was sentenced to ninety days probation plus a fine.

Defendant was arrested on December 9, 1976 and charged with retail theft. 1 At trial, Stephen Abbott, a store detective in John Wanamaker’s department store in Philadelphia, testified that he observed the defendant take three belts from the belt department of the store and walk…