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ROBERT WOOD (05/16/80)

filed: May 16, 1980.

IN THE INTEREST OF ROBERT WOOD, A MINOR. APPEAL OF ROBERT WOOD, A MINOR


No. 3076 October Term, 1978, Appeal from the Order in the Court of Common Pleas of Bucks County, Juvenile Division, No. 775 (Juv.) 1978.

COUNSEL

Bruce K. Doman, Assistant Public Defender, Doylestown, for appellant.

John J. Kevlock, Doylestown, for appellee.

Price, Gates and Dowling, JJ.*fn*

Author: Price

[ 277 Pa. Super. Page 607]

On December 19, 1978, appellant was adjudicated delinquent upon a petition alleging burglary,*fn1 theft,*fn2 and unauthorized operation of a motor vehicle.*fn3 Pursuant to this

[ 277 Pa. Super. Page 608]

    finding, he was committed to the Youth Development Center in New Castle, Pennsylvania. Appellant takes this appeal claiming that the evidence was insufficient to support the finding that he had committed a crime. We agree and reverse the order.

In reviewing the sufficiency of evidence to support a delinquency adjudication, we are well aware that the due process safeguards of the fourteenth amendment of the United States Constitution are applicable and that the evidence must meet the standard of proving each element of the crime beyond a reasonable doubt. Commonwealth v. Durham, 255 Pa. Super. 539, 389 A.2d 108 (1978); In the interest of DelSignore, 249 Pa. Super. 149, 375 A.2d 803 (1977). Viewing the entire record in the light most favorable to appellee, as we must, we note that the only testimony presented was that of appellant's father, Loring Wood. He testified that on the evening of November 4, 1978, he left both his house keys and car keys on top of the television and went to bed. Appellant, who was living in the house at the time, was not yet home. At about 2:30 a. m., Mr. Wood was awakened by the police who came to inform him that his automobile had been involved in an accident. He discovered that his keys were missing from atop the television set, and they were not present in the car when he arrived at the scene of the accident. Mr. Wood found no signs of forced entry into the house. His wife and two sons*fn4 were in the house that evening and were the only ones with access by key. Appellant was not seen again at the house after this incident.

Mr. Loring further testified that on November 7, 1978, he arose and discovered that the door was unlocked and that someone had let the dog outside. He discovered that canned goods, meat, and other food, valued at a total of about $200,

[ 277 Pa. Super. Page 609]

    had been removed. Once again, no forced entry was evident. Mr. Loring stated that the dog would bark at and bite anyone who came into the house after dark unless he was accompanied by someone from the family. He also testified that although any barking of the dog would be audible in his bedroom, he was not awakened that evening by any noise.

Initially, we note that the Commonwealth admits its own difficulty in contending that a burglary was committed in light of the testimony that appellant resided in the house up until the time of these events. The statute itself expressly provides that one entering a building with the proper intent will be guilty of burglary "unless the premises are at the time open to the public or the actor is licensed or privileged to enter." 18 Pa.C.S. ยง ...


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