COM. v. BUTLER


317 Pa.Super. 374 (1983)

464 A.2d 369

COMMONWEALTH of Pennsylvania v. James BUTLER, Appellant.

Supreme Court of Pennsylvania.

Filed July 29, 1983.


Attorney(s) appearing for the Case

Shelley Stark, Assistant Public Defender, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Before CAVANAUGH, BROSKY and MONTGOMERY, JJ.


CAVANAUGH, Judge:

Appellant, James Butler, was found guilty of burglary following a jury trial before Finkelhor, J. He was sentenced to imprisonment for six months to five years and ordered to make restitution in the amount of $500. An appeal has been taken to this court from the judgment of sentence.

Appellant contends on appeal that the trial court erred in its charge to the jury concerning the Commonwealth's burden of proof. In its charge the court stated...

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