Appeal from judgment of Court of Oyer and Terminer and Quarter Sessions of Philadelphia County, Feb. T., 1967, No. 1199, in case of Commonwealth of Pennsylvania v. Lamont Dennis.
John W. Packel, Assistant Defender, with him Melvin Dildine, Assistant Defender, and Herman I. Pollock, Defender, for appellant.
Michael M. Baylson, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Spaulding, J. Concurring Opinion by Wright, J. Ervin, P. J., and Watkins, J., join in this opinion.
[ 211 Pa. Super. Page 38]
This is an appeal by Lamont Dennis, defendant, from the judgment of sentence of the Court of Quarter Sessions of Philadelphia County and from the denial of motion for new trial. Defendant was indicted and convicted on charges of conspiracy and attempted burglary. He was sentenced to serve a minimum of 11 1/2 months to 23 months in Philadelphia County Prison.
At the trial,*fn1 one witness for the Commonwealth, Mrs. Vivian Johnson, who resided directly across the street from a store alleged to be the scene of the attempted burglary, stated she heard a crash of glass, immediately looked out of her window and saw two boys walking. She was asked:
[ 211 Pa. Super. Page 39]
"Q. Did you see the glass door?
"A. Yes, I can see the glass door pretty well.
"Q. Did you see it broken?
"A. No, but I knew it was the door because the picture window wasn't broke [sic]. I thought that was what it was."*fn2
The only other evidence relating to the commission of any offense was a stipulation at the trial that an employe of the owner was in court who would testify that no permission was given to anyone "to try and break into these premises." The employe was asked, "Miss Wells, do ...