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COM. v. SMITH

264 Pa.Super. 303 (1979)

399 A.2d 788

COMMONWEALTH of Pennsylvania v. Edward SMITH, Appellant.

Superior Court of Pennsylvania.

Decided March 16, 1979.

Attorney(s) appearing for the Case

Louis R. Dadowski, Jr., Appellate Counsel, Pittsburgh, for appellant.

Charles W. Johns, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

Before CERCONE, WIEAND and LIPEZ, JJ.

LIPEZ, Judge:

On December 16, 1976, after a non-jury trial, appellant was found guilty of criminal attempt to commit burglary.1 Post-trial motions were denied and appellant was sentenced to one to three years in prison. In this appeal, appellant contends that the evidence was insufficient to sustain his conviction. We agree and, therefore, reverse.2

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