Commonwealth v. Redcay
Commonwealth v. Redcay
Opinion of the Court
At the behest of a friend, and for the sum of $30.00, appellee removed an oil burner from a house under construction by a contractor who allegedly owed appellee’s friend back wages for construction work. For his assistance in this self-help venture, appellee was arrested and charged with burglary, theft and conspiracy. The oil burner was returned to its owner, who signed a statement that he had suffered no financial loss and did not object to the charges being withdrawn. Subsequently appellee petitioned the court below for discharge pursuant to Pa.R.Crim.P. 315,
In Commonwealth v. Alvarez, 216 Pa.Super. 394, 268 A.2d 192 (1970), we determined that Rule 315 settlements are limited to cases wherein (1) no force or violence or threat thereof is present, (2) the aggrieved party has a remedy therefor by civil action, and (3) it appears that the public interest will not be materially affected. After meeting these three initial requirements, discharge may be ordered either upon showing that satisfaction has been made to the aggrieved party or application for discharge with an agreement between the aggrieved party and the defendant, and consent of the Commonwealth’s attorney.
We have no difficulty concluding, and the Commonwealth apparently agrees, that the aggrieved party has a
Furthermore, the definition of burglary in the Uniform Firearms Act
Finally, in Alvarez, supra, we said that the new Rule 315 “appears in some particulars to be an enlargement of the area within which such settlements are authorized, i. e., all offenses rather than those specifically named in the former Act.”
Rule 315 and Alvarez lead us to the conclusion that where there is no actual violence or threat thereof in the
Order affirmed.
. Rule 315 provides:
“Except as provided in Rule 145, when a defendant is charged with an offense which is not alleged to have been committed by force or violence or threat thereof and the aggrieved party has a remedy therefor by civil action, and it appears that the public interest will not be materially affected, the court may order the defendant to be discharged upon a showing that satisfaction has been made to the aggrieved party or upon an application for discharge, endorsed with an agreement between the aggrieved party and the defendant and the consent of the attorney for the Commonwealth. The order of discharge shall include an order for the payment of costs by the proper party.”
. Act of December 6, 1972, P.L. 1482, No. 334, § 1, 18 Pa.C.S. § 107(b) (1973).
. Act of December 6, 1972, supra, 18 Pa.C.S. § 3502(a).
. Act of December 6, 1972, supra, 18 Pa.C.S. § 6102.
. Act of March 31, 1860, P.L. 427, § 9,. 19 P.S. § 491.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.