COM. v. SMAIL


365 Pa.Super. 118 (1987)

529 A.2d 1

COMMONWEALTH of Pennsylvania, Appellant, v. Richard W. SMAIL, Appellee.

Supreme Court of Pennsylvania.

Filed June 16, 1987.

Reargument Denied August 20, 1987.


Attorney(s) appearing for the Case

William M. Kern, Clarion, for Com., appellant.

James J. Panchik, Assistant District Attorney, Kittanning, for appellee.

Before ROWLEY, DEL SOLE and TAMILIA, JJ.


DEL SOLE, Judge:

Defendant-Appellee was charged on March 24, 1986 with four (4) counts of Theft By Failure to Make Required Disposition of Funds Received (18 Pa.C.S.A. § 3927(a)). The Criminal Complaint and the Information stated that the Appellee had committed this crime of theft when, in his capacity as Treasurer of the Chiefs' of Police Association of Southwestern Pennsylvania, he intentionally took $2,350.00 for his own use. (He wrote three checks payable...

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