O'BRIEN, J., May 5, 1986.
The Commonwealth of Pennsylvania has charged David E. Toms with the crime of theft by deception, a violation of §3922(a)(3) of the Criminal Code. 18 P.S. §3922(a)(3) provides:
"(a) Offense defined — A person is guilty of theft if he intentionally obtains or witholds property of another by deception. A person deceives if he intentionally:
"(3) fails to correct a false impression which the deceiver previously...
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