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COMMONWEALTH v. COLLINS (12/11/73)

decided: December 11, 1973.

COMMONWEALTH
v.
COLLINS, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, May T., 1972, No. 1033, in case of Commonwealth of Pennsylvania v. Samuel Collins, a/k/a Samuel Derrack.

COUNSEL

Earle Lees, Andrea Levin, Jonathan Miller, Assistant Defenders, and Vincent Ziccardi, Defender, for appellant.

Louis A. Perez, Jr., Milton M. Stein, and James T. Ranney, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone and Spaeth, JJ. Dissenting Opinion by Spaeth, J.

Author: Per Curiam

[ 226 Pa. Super. Page 178]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Spaeth, J.:

Appellant contends that there was insufficient evidence to convict him of possession of burglary tools.

Appellant was found by a police officer early one February afternoon on the second floor of a vacant house, standing in the hall with a pile of copper tubing at his feet. The officer testified that he searched appellant and found a screwdriver in his rear pocket. The officer further testified that the front door appeared to be jimmied in that there were pry marks on the lock side of the door, and that the rest of the house was secured. Appellant was arrested and tried on charges of burglary,

[ 226 Pa. Super. Page 179]

    larceny, receiving stolen goods, and possession of burglary tools. A demurrer was sustained to all of the charges except the charge of possession of burglary tools. Appellant rested and moved for a directed verdict. The motion was denied and the ...


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