Commonwealth v. Mathis

PRICE, Judge:

Following a jury trial commenced on November 22, 1976, appellant was convicted of theft1 and criminal conspiracy;2 he was acquitted on a charge of burglary.3 Post-trial motions were denied, and appellant was sentenced to terms of imprisonment of from two and one-half to five years on both the theft and the conspiracy convictions. The two sentences were to run consecutively.

In the instant appeal from that judgment of sentence, appellant contends that the court below committed error: (1) by instructing the jury that it could find appellant and his co-defendant guilty of conspiracy…