Commonwealth v. Stone

BECKERT, J.,

The primary question before us in the instant matter is whether section 3922 of the Pennsylvania Crimes Code of December 6, 1972, P.L. 1068 (No. 334), effective June 6, 1973, 18 Pa. S. §3922, setting forth the crime of theft by deception, is an enlargement of the crime of cheating by fraudulent pretenses as spelled out in The Penal Code of June 24,1939, P.L. 872, sec. 836, as amended, 18 PS §4836.

Defendant, David Stone, was charged by Mrs. Harold R. Cody, Jr., in a private criminal complaint with theft by deception. Defendant proceeded to trial without benefit of jury before the…