Commonwealth v. Gallagher

HOFFMAN, Judge:

This appeal is from the judgment of sentence for theft of services. Appellant contends that there was insufficient *73evidence to convict him. For the following reasons, we agree and, accordingly, vacate the judgment of sentence and order appellant discharged.

On February 23, 1989, Patricia Gallagher, appellant’s mother, and co-owner of 408 Orange Street, Reading, PA, requested the UGI Corporation (“UGI”) to shut off gas service to the premises. N.T. at 78, 79. In response, UGI, on that date, turned off the gas and locked the gas meter at 408 Orange Street. Id. at 41. Subsequently,…