Commonwealth v. Williams

JACOBS, President Judge:

Appellant contends that she was improperly charged and convicted of the crime of theft by unlawful taking 1 rather than retail theft 2 . She bases this contention on the theory that the enactment of Section 3929 of the Crimes Code 3 indicates a legislative intent to preclude prosecution under Section 3921 4 for the theft of retail merchandise. We deem this issue waived and, therefore, affirm.

Pennsylvania Rule of Criminal Procedure 304 provides that a defendant may file a pretrial application to quash an indictment to attack a defect therein. In the absence of…