Commonwealth v. Gallo

OPINION OF THE COURT

O’BRIEN, Justice.

Appellant, William Gallo, was convicted of theft by deception at a nonjury trial on July 2, 1974. Post-verdict motions were denied and appellant was fined $1,000 and sentenced to make restitution of $1,750. A sentence of imprisonment of three-to-twelve months was also imposed but was to be suspended upon payment of the fine and the amount due in restitution. An appeal was filed in the Superior Court, which affirmed the judgment of sentence on October 9, 1975, with Judges Cercone, Hoffman and Spaeth dissenting. Commonwealth v. Gallo, 236 Pa.Super. 557, 345…