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COMMONWEALTH v. MOORE

226 Pa.Super. 32 (1973)

Commonwealth v. Moore, Appellant.

Superior Court of Pennsylvania.

November 16, 1973.

Attorney(s) appearing for the Case

Stuart Schuman, Assistant Defender, with him Jonathan Miller, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Linda West Conley, Assistant District Attorney, with her James Taylor Ranney and Milton M. Stein, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION BY HOFFMAN, J., November 16, 1973:

The only issue in this appeal is whether the Commonwealth presented sufficient evidence to convict appellant of the crime of attempted burglary.

On August 15, 1972, at 11:30 p.m., Rudolph Payne who resided at 4856 Brown Street, Philadelphia, looked out his bedroom window and saw a man he recognized as Mills attempting to pry open his neighbor's door. He also observed another man watching the house from across the...

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