Commonwealth v. Emmi

CERCONE, President Judge:

Appellant, James Emmi, takes this appeal from the judgment of sentence rendered by the Court of Common Pleas of Delaware County for the crimes of unauthorized use of an automobile,1 theft by receiving stolen property2 and criminal conspiracy.3 He raises two questions in this appeal: (1) whether the lower court erred in that its charge to the jury constituted a violation of the appellant’s constitutional right to a fair and impartial trial; and (2) whether the evidence was sufficient to sustain his conviction for the offense of criminal conspiracy.

The operative facts…