Commonwealth v. Sanders

Opinion by

Spaeth, J.,

The evidence presented in this non-jury case is not sufficient to support a conviction of larceny. The verdict is vacated and the matter remanded for sentencing on the charge of attempted larceny.

The Commonwealth’s principal witness was the arresting officer. His testimony may be summarized as follows: On August 24, 1967, appellant and another man approached a parked car, which the officer had been watching because it had been reported as having been stolen. The appellant got into the car behind the steering wheel. The other man went under the hood with a length of wire…