Appeal from order of Superior Court, Oct. T., 1972, No. 52, affirming judgment of sentence of Court of Common Pleas of Bucks County, No. 86-2 of 1968, in case of Commonwealth of Pennsylvania v. Richard Larry Griffey.
John C. Marston, Assistant Public Defender, for appellant.
Stephen B. Harris, First Assistant District Attorney, with him Alan M. Rubenstein, Assistant District Attorney, and Kenneth G. Biehn, District Attorney, for Commonwealth, appellee.
Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice Eagen.
John Joseph Grzyminski and Richard Larry Griffey were convicted by a jury in a joint trial in Bucks County of conspiracy and attempted burglary. Post trial motions were denied and a prison sentence of one to five years was imposed on Griffey on the attempted burglary conviction. Sentence was suspended on the conspiracy
conviction. Griffey filed an appeal in the Superior Court which unanimously affirmed "the judgment" without opinion. We granted allocatur and now reverse.
From the Commonwealth's evidence at trial, the jury was warranted in finding the following facts:
On January 25, 1968, after consuming a quantity of alcoholic beverages, James Tirendi and the appellant, Griffey, decided to "pull a heist" and under threats of physical violence from Tirendi, Ernest Doerner accompanied them and drove them in his automobile. The three proceeded to pick up John Grzyminski at his residence, after which the group stopped at a gas station where Tirendi stole a sledge hammer. Following this, the group drove around for awhile and about midnight Tirendi directed Doerner to stop in front of the Lincoln Musical Bar in Trevose, Bucks County, saying, "We're going for a drink and case the joint and then we're coming out again."
While in the establishment, Tirendi questioned the bartender about a T.V. set located behind the counter and after the bartender left their presence, Tirendi remarked to Grzyminski, "I'm coming back for that T.V. later tonight." "One of the boys" also said in the presence of the four "that cash register looks like its pretty hard to break into" to which Tirendi replied, "Don't worry about that, I'll smash it on the floor, if I have to."
After leaving the Lincoln Musical Bar the four visited another bar in Bristol where they stayed until "closing time". Shortly after 2:30 a.m. on January 26th, the four drove back to the Lincoln Musical Bar. The automobile pulled in a driveway and stopped behind some cabins on the rear of the property. Tirendi and Griffey then alighted from the vehicle and proceeded in the direction of the building in which the bar was ...