Commonwealth v. Haines

BECK, Judge:

This is an appeal from judgment of sentence following a non-jury trial wherein appellant was convicted of two counts of theft 1 : theft by unlawful taking or disposition 2 and receiving stolen property. 3

Appellant initially claims that the verdict did not conform to law. Specifically, he alleges that since the trial judge failed to comment as to the separate counts of the information, his silence constituted an acquittal of all unmentioned counts. That argument is novel, but clearly incorrect. It is premised upon a misreading of this court’s opinion in Commonwealth v. Samuels, 235…