COMMONWEALTH v. GOMORI


216 Pa.Super. 127 (1970)

Commonwealth v. Gomori, Appellant.

Superior Court of Pennsylvania.

March 12, 1970.


Attorney(s) appearing for the Case

Herman M. Rodgers, with him Rodgers, Marks and Marks, for appellant.

Joseph J. Nelson, First Assistant District Attorney, with him Robert F. Banks, Assistant District Attorney, and Edward M. Bell, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.


OPINION PER CURIAM, March 12, 1970:

Judgment of sentence affirmed.

CONCURRING AND DISSENTING OPINION BY HOFFMAN, J.:

Appellant was convicted by a jury of burglary and possession of burglary tools. The sole burglary tool introduced into evidence was a wooden ladder. The ladder was found near an unlocked window, on the second floor roof, of a building which appellant had entered unlawfully. The trial court overruled appellant's demurrer to the evidence...

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