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COMMONWEALTH v. KRINER (06/11/70)

decided: June 11, 1970.

COMMONWEALTH
v.
KRINER, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Berks County, Sept. T., 1968, No. 30, in case of Commonwealth of Pennsylvania v. George B. Kriner.

COUNSEL

Leonard J. Gajewski, for appellant.

Grant E. Wesner, Assistant District Attorney, with him Robert L. Van Hoove, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Montgomery, J. Hoffman and Cercone, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 217 Pa. Super. Page 81]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Montgomery, J.:

The defendant-appellant, George B. Kriner, on September 19, 1968, was found guilty by a jury of the crimes of burglary and larceny. At the trial the Commonwealth proved that the defendant on February 17, 1968, had possession of goods which had been stolen

[ 217 Pa. Super. Page 82]

    between February 17 and February 24, 1968, and proved no other facts which would have connected the defendant with the crimes charged. It relied on the rule of law which is well established in Pennsylvania, as reiterated by Mr. Justice Eagen, speaking for the Supreme Court of Pennsylvania, in Commonwealth ex rel. Chatary v. Nailon, 416 Pa. 280, 283, 206 A.2d 43, 45 (1965), "It is equally well established that unexplained possession in the defendant of property recently stolen is evidence that he is the thief. Also, if the larceny was committed in the perpetration of breaking and entering, such possession is evidence of ...


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