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COMMONWEALTH v. MYERS

223 Pa.Super. 75 (1972)

Commonwealth, Appellant, v. Myers.

Superior Court of Pennsylvania.

November 16, 1972.

Attorney(s) appearing for the Case

David J. Brightbill, Assistant District Attorney, with him George E. Christianson, District Attorney, for Commonwealth, appellant.

Robert C. Rowe, with him Spitler, Rowe, Silberman & Kilgore, for appellee.

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

OPINION BY PACKEL, J., November 16, 1972:

This case is here on an appeal by the Commonwealth from an order sustaining the defendant's demurrer to the evidence on a charge of burglary. Two state police officers testified that they discovered the defendant standing in front of a door to an Atlantic service station at 3:10 in the morning. They stated that the door had been splintered around the lock assembly, that the window closest to the doorknob had been broken, and...

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