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COMMONWEALTH v. ORTIZ (07/12/78)

SUPERIOR COURT OF PENNSYLVANIA


July 12, 1978

COMMONWEALTH
v.
ORTIZ, APPELLANT.

COUNSEL

William F. Ochs, Jr., Public Defender, for appellant; Charles M. Guthrie, Jr., Assistant District Attorney, for Commonwealth, appellee.

Judgment of sentence affirmed. HOFFMAN and SPAETH, JJ., dissented. The evidence was insufficient to prove that appellant committed the burglary. Commonwealth v. Rosciolo, 454 Pa. 59, 309 A.2d 396 (1973). See, In re Gonzalez, Pa. Super. , 386 A.2d 586 (1978).

19780712

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