Commonwealth v. Hooks

Opinion by

Mb. Justice Eagen,

The appellant, Matthew Hooks, after trial before a judge sitting without a jury, was convicted of wilfully and maliciously entering a motor vehicle with intent to commit a felony therein, in violation of Section 903 of the Act of June 24, 1939, P. L. 872, 18 P.S. §4903. A prison sentence of one to five years was imposed. On appeal the Superior Court affirmed the judgment without opinion. Judge Hoffman filed a dissenting-opinion in which Judge Montgomeby joined. See 220 Pa. Superior Ct. 258, 281 A. 2d 759 (1971). We granted allocatur.

Initially, Hooks challenges the…