Leebrick v. Commonwealth

Franklin Leebrick and Charles Allen were tried jointly on separate indictments charging each with breaking and entering the storehouse of Hollins Mill Road Drive-In with intent to steal and stealing therefrom certain personal property. Each was found guilty of “statutory burglary as charged.....” and the punishment fixed at two years confinement in the penitentiary.

The decisive question raised is whether the evidence is sufficient to support the verdicts.

The uncontradicted testimony for the Commonwealth proves that on July 27, 1955, between 3 A. M. and 9:45 A. M. someone broke into the…