Superior Court of Pennsylvania February 13, 1981, No. 445 (Commonwealth v. Daubner)

BROSKY, Judge:

Appellant contends that the evidence is insufficient to sustain conviction for theft by deception. We agree with appellant. The decision of the lower court is reversed.

*49The offense of theft by deception is defined in 18 Pa.C. S.A. § 3922:

(a) Offense defined.—A person is guilty of theft if he intentionally obtains or withholds property of another by deception.