Commonwealth v. Dunlap

BROSKY, Judge:

This appeal is from the judgment of sentence imposed after appellant was found guilty in a non-jury trial of receiving stolen property and unauthorized use of automobiles and other vehicles.

Appellant contends that the evidence was insufficient to support his convictions on these crimes and that the crimes should have been merged for sentencing purposes. We agree with appellant’s first contention and, accordingly, reverse the judgment of sentence and discharge appellant.

“The test of sufficiency of the evidence — irrespective of whether it is direct or circumstantial, or both — is…