Commonwealth v. Williams

KELLY, Judge:

In this case, we called upon to determine whether robbery or theft occurs when an unconscious, intoxicated victim is rolled over onto his side and his wallet is stolen out of his pants pocket. We conclude that this criminal act consti*541tutes theft rather than robbery. Accordingly, we vacate appellant’s robbery conviction and remand for resentencing.

The facts and procedural history may be summarized as follows. On September 2, 1985, the appellant, Ronald Williams, and the victim were drinking wine with Frank Morrow and an unidentified male on the corner of Ninth and Parade Streets…