Commonwealth v. Davis

Dissenting Opinion by

Hoffman, J.:

This is an appeal from a judgment of sentence of 2y2 to 5 years on a charge of receiving four stolen dresses. Although many issues have been raised by appellant, I believe that the judgment should be reversed because the Commonwealth failed to prove that appellant was in control of the stolen goods.

The relevant facts in this regard may be set out as follows:

During the months of March and April, 1968, members of the Pittsburgh Police Department conducted an alleged daily surveillance of premises known as 7818 Bennett Street. 7818 Bennett Street is a three-story…