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COMMONWEALTH v. McCOY

209 Pa.Super. 399 (1967)

Commonwealth v. McCoy, Appellant.

Superior Court of Pennsylvania.

March 23, 1967.

Attorney(s) appearing for the Case

Abraham J. Brem Levy, for appellant.

Robert H. Finkel, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before ERVIN, P.J., WRIGHT, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ. (WATKINS, J., absent).

OPINION BY SPAULDING, J., March 23, 1967:

On July 19, 1963, shortly after 2:00 a.m., appellant and a companion were arrested for burglary of a telephone booth situated at 16th and Clearfield Streets, Philadelphia, Pennsylvania.

David Adams, who lived near the booth, testified he observed two men enter it and break the ceiling light. A third man walked back and forth in front of the booth. Adams telephoned...

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