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COMMONWEALTH PENNSYLVANIA v. HENRY TRIBBLE (12/01/83)

decided: December 1, 1983.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
HENRY TRIBBLE, APPELLANT



No. 79 E.D. Appeal Docket 1982, Appeal from the Order of the Superior Court dated July 23, 1982, at Number 1799 Philadelphia Term, 1981, Affirming the Judgment of Sentence of the Court of Common Pleas of Montgomery County, Pa., Criminal Division, at No. 2338-80.

COUNSEL

Douglas M. Johnson, Chief, Appeals Div., Michael Gottlieb, Norristown, for appellant.

Ronald Williamson, Chief, Appeals Div., Joseph J. Hylan, Norristown, for appellee.

Roberts, C.j., and Nix, Larsen, Flaherty, McDermott, Hutchinson and Zappala, JJ. Hutchinson, J., concurs in the result. McDermott, J., dissents.

Author: Larsen

[ 502 Pa. Page 620]

OPINION

On January 27, 1981, appellant, Henry Tribble, was convicted by a jury of theft of movable property.*fn1 Motions for

[ 502 Pa. Page 621]

    a new trial and arrest of judgment were denied, and appellant was sentenced to a prison term of six to twenty-three months. Appellant's judgment of sentence was affirmed by the Superior Court on July 23, 1982. Commonwealth v. Tribble, 302 Pa. Super 595, 448 A.2d 1174 (1982). On September 28, 1982, this Court granted appellant's petition for allowance of appeal.

Appellant contends that the evidence presented at trial by the Commonwealth was insufficient to establish his guilt beyond a reasonable doubt.

The test for sufficiency of evidence in a criminal case is whether, viewing all of the evidence admitted at trial in a light most favorable to the Commonwealth, there is sufficient evidence to enable the trier of fact to find every element of the crime beyond a reasonable doubt. Commonwealth v. Bastone, 466 Pa. 548, 353 A.2d 827 (1976).

The record discloses the following: On June 19, 1980, several trucks owned by the Opportunity Board of Montgomery County were broken into. The trucks had been locked the night before the break-in and secured behind a high chain link fence. The trucks that were broken into were identified as numbers 1, 2, 3 and 7. Certain hand and power tools were missing from truck # 7. Additionally, tools taken from truck # 1 were found in trucks # 2 and # 7.

Appellant was employed by the Opportunity Board until he was fired on April 17, 1980, approximately two months prior to the break-in. While he was employed by the Board, appellant was in frequent physical contact with the trucks that were broken into. Appellant returned to the job site ...


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