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COM. v. TOOMEY

321 Pa.Super. 281 (1983)

468 A.2d 479

COMMONWEALTH of Pennsylvania v. Philip S. TOOMEY, Appellant.

Supreme Court of Pennsylvania.

Filed October 21, 1983.

Reargument Denied December 30, 1983.

Petition for Allowance of Appeal Denied June 13, 1984.

Attorney(s) appearing for the Case

Richard Keith Renn, Assistant Public Defender, York, for appellant.

Sheryl Ann Dorney, First Assistant District Attorney, York, submitted a brief on behalf of Commonwealth, appellee.

Before WICKERSHAM, CIRILLO and WATKINS, JJ.

WICKERSHAM, Judge:

A York County jury returned verdicts of guilty on charges of burglary and theft against Philip S. Toomey in a trial before the Honorable Emanuel A. Cassimatis. The principle evidence against Toomey was presented by Oscar Buckingham who had been employed as a truck driver for one Richard Kinard for approximately six years. On July 18, 1980, he arrived at his place of work at about ten minutes before 6:00 a.m. He testified:

A. I arrived and...

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