Commonwealth v. Hay

OPINION

ABRAMSON, Judge.

The Commonwealth appeals from a pretrial order dismissing three counts of an indictment, based on the trial judge’s conclusion that the Commonwealth would be unable to prove an essential element of the offenses at trial. The three counts charged Appellees Lucian Hunter Hay and Adele Hay jointly with theft by failure to make required disposition of property over $300 during 1992, 1993 and 1994. Having reviewed the arguments of the parties and the applicable law, we reverse and remand.

The three counts at issue in this appeal originally were Counts XX, XXI and XXII of…