# Commonwealth v. Rosenzweig

> Supreme Court of Pennsylvania · March 19, 1987 · 514 Pa. 111

URL: https://www.frixlaw.com/law-library/cases/9704931

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellant, v. Jerry ROSENZWEIG, Appellee
- **Court:** Supreme Court of Pennsylvania
- **Decided:** March 19, 1987
- **Citations:** 514 Pa. 111; 522 A.2d 1088; 3 U.C.C. Rep. Serv. 2d (West) 465; 1987 Pa. LEXIS 669
- **Precedential status:** Published
- **Opinion:** Dissent by Nix
- **Judges:** Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala, Papadakos
- **Cited by:** 10 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/9704931

## Opinion text

NIX, Chief Justice,
dissenting.
I dissent.
*123 Unquestionably the conduct of appellee was in violation of our criminal statutes. However, as pointed out by Mr. Justice Zappala in his dissent, the information upon which the Commonwealth relied did not accurately set forth the offenses committed. It is clear that it was not the property of Esquire that was converted by appellee, since Esquire was not entitled to these refunds and therefore was not prejudiced in any way. The person or entity who may have sustained a loss was not identified nor called upon to assert that loss and the absence of appellee’s authority to act on his or its behalf. I, therefore, would affirm the order of the Superior Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9704931. Public record. Not legal advice.