Commonwealth v. Towber

Opinion by

Hirt, J.,

The defendant was indicted on charges of burglary, robbery and other related offenses arising from the same set of circumstances. Leonard J. Fitzgerald, a co-defendant pleaded guilty to all of the charges. Towber whose defense was an alibi, was found guilty as indicted and was sentenced.

Shortly after two o’clock in the early morning of October 26, 1957, two masked men, one of them with a sawed-off shotgun, entered the Birmingham Grille, a diner at Painter’s Crossroads in Delaware County. The gun was discharged into the roof of the structure and eight or ten customers…