COMMONWEALTH v. SIMMONS


233 Pa.Super. 547 (1975)

Commonwealth v. Simmons, Appellant.

Superior Court of Pennsylvania.

March 31, 1975.


Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Charles A. Klein, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY SPAETH, J., March 31, 1975:

This case presents the issue of the permissible extent of the use of the fact of possession of recently stolen property to conclude that the possessor is guilty beyond a reasonable doubt of the crimes of larceny (theft by unlawful taking or disposition),1 burglary,2 and receiving stolen property.3 Hopefully, the relatively simple factual situation...

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