Commonwealth v. Mitchell

Opinion by

Spaeth, J.,

On June 26, 1973, appellant was convicted by a jury of cheating by false pretenses in violation of the Act of June 24, 1939, P.L. 872, §836, as amended, 18 P.S. §4836. On this appeal he contends that the evidence was insufficient, that the charge to the jury was unfair, and that there was a fatal variance between the allegations of the indictment and the proof.

On October 31, 1972, Pennsylvania State Trooper James J. Margie was on duty as an undercover narcotics agent in Easton. He was a passenger in an automobile when he observed appellant and motioned to him. When…