Commonwealth v. Johnson

Opinion by

Gunther, J.,

This appeal is from the conviction and sentence imposed upon appellant, Herman Johnson, charging him with burglary and larceny at No. 173 February Sessions, 1959, in the City of Philadelphia. On December 17, 1959, we granted a new trial 1 for what we considered to be error on the charge of alibi. The Supreme Court 2 reversed and remanded the case back to us for disposition on the merits.

On January 24, 1959, at about 6:45 A.M., Kay’s Sunoco Station located at 16th Street and Girard Avenue, City of Philadelphia, was burglarized. Entrance was obtained by breaking a window…