# Commonwealth v. Moore

> Superior Court of Pennsylvania · June 7, 1985 · 343 Pa. Super. 242

URL: https://www.frixlaw.com/law-library/cases/6307531

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Allen MOORE
- **Court:** Superior Court of Pennsylvania
- **Decided:** June 7, 1985
- **Citations:** 343 Pa. Super. 242; 494 A.2d 447; 1985 Pa. Super. LEXIS 7482
- **Precedential status:** Published
- **Opinion:** Concurrence by Johnson
- **Judges:** Files, Johnson, Olszewski, Sole
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6307531

## How later opinions describe it (automated extraction)

- reversing robbery conviction under § 3701(a)(1)(v) -9- J-S18034-16 where evidence failed to show property was taken from the person of another

## Opinion text

JOHNSON, Judge,
concurring:
I join in the Court’s determination that appellant has waived his right to argue that he should have been charged with retail theft, rather than with theft by unlawful taking. I also join in the conclusion that the facts here involved are insufficient to sustain a conviction for robbery under 18 Pa.C.S. § 3701(a)(l)(v).
Since the undisputed facts of this case do not involve the physical taking or removal of property from the person of another by force, but involve merely a simple case of *250 shoplifting, I would reverse without seeking to define the parameters within which a conviction under § 3701(a)(l)(v) might, in the future, be sustained.
I join in the reversal of the robbery conviction and the remand for resentencing.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6307531. Public record. Not legal advice.