Commonwealth v. Franks

Dissenting Opinion by

Price, J.:

I respectfully dissent. In this appeal, the majority finds that the evidence was sufficient to sustain the convictions for burglary,1 larceny2 and receiving stolen goods.3 After a review of the evidence, I also find the evidence sufficient to sustain the receiving stolen goods conviction, but would reverse the convictions for burglary and larceny.

The testimony may be summarized as follows: On September 20, 1972, at approximately 3:00 p.m., a residence at 2297 Bryn Mawr Avenue in Philadelphia, was burglarized. A silent alarm sounded upon the entry into the house.…