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COMMONWEALTH v. HUNTER (04/22/75)

decided: April 22, 1975.

COMMONWEALTH
v.
HUNTER, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, May T., 1972, No. 1910, in case of Commonwealth of Pennsylvania v. Jackie Hunter.

COUNSEL

Reggie B. Walton, Andrea Commaker Levin, and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.

David Richman, Marianne E. Cox, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Price, J. Concurring Opinion by Jacobs, J. Van der Voort, J., joins in this concurring opinion.

Author: Price

[ 234 Pa. Super. Page 268]

This appeal is from a judgment of sentence imposed upon appellant after a finding of guilt of burglary, larceny and receiving stolen goods by the lower court sitting without a jury. The sole question presented is whether the evidence was sufficient to sustain these convictions. We find that the evidence was sufficient and affirm.

Sometime between 4:30 p.m. on December 17, 1971 and the early morning hours of December 18, 1971 a burglary occurred in an electronics plant located in Philadelphia. The vice-president of the company owning and occupying this plant, Mr. Mogar, established these

[ 234 Pa. Super. Page 269]

    factors. He further testified that upon his entry into the plant the morning of December 18, 1971 he discovered that a piece of sheet metal, used to cover an empty back window, had been removed. This sheet metal had been positioned a week earlier because of a broken pane of glass. The distance between the window and the ground was approximately ten feet. Mr. Mogar, upon further investigation, also discovered that his own office within the building had been broken into and ransacked. A calculator was found to be missing*fn1 and the glass on a candy machine used by the company employees had been smashed.

Mr. Mogar identified appellant as a former employee of the firm who had been employed from August, 1970 to June, 1971. The record is silent as to the reason for or the circumstances surrounding the termination of this relationship; however, Mr. Mogar further testified that appellant, within "a couple of weeks" prior to December 18, 1971, came to see him to inquire about the availability of a job.

Detective Frey, a member of the Philadelphia Police Department, was assigned to investigate this burglary. He testified that after investigation it was concluded that the broken window that had been covered by the sheet metal was the method used to gain entry to the building. He further testified he lifted several fingerprints from the premises, including one from the sheet metal that had been in place prior to the unauthorized entry into the plant. Subsequently the Identification Unit of the Philadelphia Police Department determined that only one of the prints was identifiable, that being the print lifted from the sheet metal. As a result of this investigation a warrant was obtained for appellant's arrest, and he was apprehended.

A fingerprint expert employed as an evidence technician by the Philadelphia Police ...


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