Commonwealth v. Smith

SPAETH, President Judge:

This is an appeal from judgment of sentence for robbery. Appellant was tried by a judge sitting without a jury on charges of robbery, 1 theft, 2 and receiving stolen property, 3 and was found guilty of having violated Section 3701(a)(1)(v) of the Crimes Code, 18 Pa.C.S. § 3701(a)(1)(v), which provides that “... a person is guilty of robbery if, in the course of committing a theft, he ... (v) physically takes or removes property from the person of another by force however slight.” Appellant concedes that the evidence was sufficient to prove theft but argues that it was…