Legal Opinion · Dissent

Commonwealth v. Shamberger

Superior Court of Pennsylvania

Decided December 7, 2001Published

1Dissent

McEWEN, President Judge Emeritus,

Dissenting:

¶ 1 While the author of the majority view has proposed quite a perceptive expression of rationale for rejection of each of the arguments of appellant, I am compelled to join the dissenting statement of President Judge Del Sole that the criminal conduct of appellant cannot be graded as a first-degree misdemeanor under 18 Pa.C.S. § 3903, because the purses were purloined from the floor of the theatre and not from the person of the victims.

¶ 2 It is my further view that the convictions for forgery must be reversed since the use by appellant of a…

2Cases cited3 opinions

  1. Commonwealth v. MillerSuperior Court of Pennsylvania · 1992
  2. Commonwealth v. CosgroveSupreme Court of Pennsylvania · 1996
  3. Commonwealth v. CosgroveSuperior Court of Pennsylvania · 1994

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