COMMONWEALTH v. FREEMAN


225 Pa.Super. 396 (1973)

Commonwealth v. Freeman, Appellant.

Superior Court of Pennsylvania.

November 16, 1973.


Attorney(s) appearing for the Case

Stephen Robert LaCheen, for appellant.

Louis A. Perez, Jr., Assistant District Attorney, with him James T. Ranney and Milton M. Stein, Assistant District Attorneys, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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


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

The evidence presented in this non-jury case is not sufficient to support appellant's conviction of burglary with the intent to commit larceny. The verdict is vacated and the matter remanded for sentencing on the charge of unlawful entry.

The evidence may be summarized as follows: On August 22, 1972, at about 10:00 p.m., two police officers were working a plain...

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