Commonwealth v. Stafford

POPOVICH, Judge:

This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Dauphin County, following appellant’s conviction by a jury of four counts of receiving stolen property.1 Herein, appellant contends the trial court erred in refusing to instruct the jury that the Commonwealth must prove the goods in question were actually stolen in order to sustain a conviction for receiving stolen property. We agree and, accordingly, reverse the decision of the court below.

The statute in question, 18 Pa.C.S.A. § 3925, Receiving Stolen Property, provides, in pertinent part,…