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COMMONWEALTH v. BROWN (12/11/73)

decided: December 11, 1973.

COMMONWEALTH
v.
BROWN, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Feb. T., 1972, No. 655, in case of Commonwealth of Pennsylvania v. Edward Brown, a/k/a Edward Bracey.

COUNSEL

Stuart Schuman, John W. Packel, and Jonathan Miller, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.

James Garrett, David Richman, 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. Hoffman, J., joins in this dissenting opinion.

Author: Per Curiam

[ 226 Pa. Super. Page 172]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Spaeth, J.:

Appellant was convicted of burglary by a judge sitting without a jury. He contends that the conviction

[ 226 Pa. Super. Page 173]

    must be reversed because there was insufficient evidence to show that when he entered the building in question, he intended to commit a felony.

The following facts were adduced at trial: About 1:30 p.m. on the afternoon of December 20, 1971, Mrs. Doris Hall, who was standing in the doorway of her home at 907 West Dauphin Street, Philadelphia, saw appellant going through a first floor front window of 903 West Dauphin Street, a property that Mrs. Hall owned. The house was vacant, and others had tried to enter it before. The window through which appellant entered was covered with cardboard. The window had been broken more than a week earlier and had gone uncovered for about a week. The cardboard had been up for only a short time. Mrs. Hall called the police and two officers responded. They found appellant lying in a prone position on the back porch roof. He offered no resistance. The officers found a pair of pliers and a screwdriver three or four feet away. Some time afterwards, ...


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