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COM. v. NUTTER

256 Pa.Super. 111 (1978)

389 A.2d 626

COMMONWEALTH of Pennsylvania v. Anthony NUTTER, Appellant.

Superior Court of Pennsylvania.

Decided July 12, 1978.

Attorney(s) appearing for the Case

Thompson J. McCullough, Assistant Public Defender, York, for appellant.

Daniel F. Wolfson, Assistant District Attorney, and Donald L. Reihart, District Attorney, York, for Commonwealth, appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

CERCONE, Judge:

This is a direct appeal from judgment of sentence. Appellant was charged with burglary and theft and following a trial by jury, was convicted of burglary.1

The facts established that in the early morning hours of March 8, 1976 at approximately 2:32 A.M., a silent burglar alarm was activated in the Tremont Restaurant in the City of York, Pennsylvania. City police officers arrived shortly

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