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An informant entered Henley's (D) jewelry store and offered to sell five gold chains to D. The informant represented the chains were stolen, and D bought them. D took possession of them and expressed a willingness to buy more stolen goods in the future. The entire conversation was recorded. D was arrested and charged with the crime of theft by receiving stolen goods and receiving stolen property. They were later amended to attempted theft by unlawful taking or disposition. D was tried on this charge at a non-jury trial. At the conclusion of P’s case, D demurred to the evidence, arguing that the chains were not stolen property because they were in police custody, and that, therefore, he could not be found guilty of an attempt to receive stolen property which was not stolen. The trial court agreed and granted the demurrer. P appealed to the Superior Court, which reversed and remanded for trial, concluding that the defense of legal impossibility had been abolished in Pennsylvania. D appealed

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