Commonwealth v. Graham

CERCONE, Judge:

This is a direct appeal from a judgment of sentence. On June 7, 1988, appellant, William Lee Graham, was found guilty by jury of theft by deception.1 The lower court subsequently denied appellant’s motion for a new trial and/or in arrest of judgment and sentenced him to not less *395than one (1) year nor more than two (2) years imprisonment. We reverse.

Appellant contends that the lower court erred in denying his demurrer regarding the crime of theft by deception.2 Specifically, appellant argues that the Commonwealth did not establish the requisite intent for a conviction for theft…