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COMMONWEALTH v. FARRINGTON

219 Pa.Super. 104 (1971)

Commonwealth v. Farrington, Appellant. Commonwealth v. Pereria, Appellant.

Superior Court of Pennsylvania.

June 22, 1971.

Attorney(s) appearing for the Case

Daniel C. Barrish, Assistant Public Defender, and Herbert K. Fisher, for appellants.

William T. Nicholas, Executive Assistant District Attorney, with him Stewart J. Greenleaf, Assistant District Attorney, Parker H. Wilson, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

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

OPINION BY HOFFMAN, J., June 22, 1971:

Appellants were charged with burglary, conspiracy, and loitering and prowling at nighttime. The victim of the burglary testified at trial that he was awakened at 3:30 a.m. by the sounds of someone breaking into his car parked outside the window. While he observed two men trying to pry open the trunk of the car, his wife called the local police. Upon arrival of a police cruiser, the burglars fled and were not apprehended.

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