Commonwealth v. Monville

SPAETH, Judge:

This is an appeal from judgment of sentence for retail theft. 1 Appellant argues that the evidence was insufficient to sustain the conviction. 2 We agree. Accordingly, the judgment of sentence is reversed and appellant ordered discharged.

The Commonwealth’s only witness was John J. McConnell, the Inspector of Security at the John Wanamaker Store at which the incident in question occurred. Appellant testified in her own defense, and gave an entirely innocent explanation of the incident, but since at this stage the Commonwealth is entitled to have the evidence regarded in the light…