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COM. v. MILLER

279 Pa.Super. 254 (1980)

420 A.2d 1129

COMMONWEALTH of Pennsylvania v. Donald MILLER, Appellant.

Superior Court of Pennsylvania.

Filed June 27, 1980.

Reargument Denied September 8, 1980.

Petition for Allowance of Appeal Denied October 30, 1980.

Attorney(s) appearing for the Case

Anita M. Cohen, Philadelphia, for appellant.

Kenneth S. Gallant, Assistant District Attorney, Erie, for Commonwealth, appellee.

Before HESTER, WICKERSHAM and LIPEZ, JJ.

WICKERSHAM, Judge:

The defendant has appealed to this court from his non-jury trial conviction and judgment of sentence on charges of burglary and criminal conspiracy.

"The facts surrounding the defendant's arrest and conviction are as follows. On December 15, 1977, the complainant, Lawrence Fanrak, left his home at about 10:00 a. m. to do some shopping. When he left no one else was at home and he locked the door behind him.1...

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