Commonwealth v. Burke
Commonwealth v. Burke
Opinion of the Court
As the result of a private criminal complaint, appellant was charged with Theft by Deception, 18 Pa.C.S.A. 3922,
The only issue raised by appellant on appeal is whether the evidence was sufficient to convict her of theft by deception.
The facts relevant to this case are as follows: Appellant was an employee of Omega Services, Inc., and she was empowered to authorize expenditures. On February 5,1976, she presented a check to the company Treasurer for signature. The check contained the amount, $18, in numerals, the date, and the words “reimbursement for safe deposit box” written on the check. The portion of the check where the amount should be written in words was blank. The check for $18.00 was approved and signed by the Treasurer. On February 13, 1976, the appellant was dismissed by Omega. On that date, appellant presented the approved check to the First Pennsylvania Bank. The check, however, on presentment read $418.00, and the words, “four hundred eighteen”,
Appellant argues that the Commonwealth failed to prove the elements of the crime of Theft by Deception in that there was no deception in obtaining the Treasurer’s signature nor any false representations made to the victim or the bank teller. However, appellant would have this court interpret 18 Pa.C.S.A. 3922 far too narrowly. In noting that 3922 replaced 18 P.S. § 4836,
Our present statute was adapted from Section 2233 of the Model Penal Code wherein comments illustrate the following at Tentative Draft 2; Section 206.1(6Xa) Deception:
C. Creating an Impression; Implication. For the traditional definition of the act of false pretenses as the making of a “misrepresentation,” the draft substitutes the broader language of “creating or reinforcing a false impression.” So far as the use of “creating” is concerned, no substantive change is contemplated. The early cases construing the germinal English false pretense statute recognized that deceptive non-verbal behavior was within the statute.43 The broader language is preferred because it says what “false pretense” and “misrepresentation” had to be construed to say.
The fact that deceptive non-verbal behavior is within the purview of our former statute is evidenced by such cases as Commonwealth v. Gross, 161 Pa.Super. 613, 56 A.2d 303 (1948) and Commonwealth v. Sherman, 182 Pa.Super. 319, 126 A.2d 480 (1956).
“A person is guilty of theft if he intentionally obtains or withholds property of another by deception. A person deceives if he intentionally:
(1) creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind; ”
The judgment of the lower court is affirmed per curiam.
. The Crimes Code, Act of December 6, 1972, P.L. 1482, No. 334, § 1, effective June 6, 1973.
. Act of June 24, 1939, P.L. 872, § 836.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.