Commonwealth v. Hicks

Opinion by Mb.

Justice Eagen,

Walter Hicks, after a trial without a jury, was convicted of the crimes of burglary, attempted burglary and possession of burglary tools. Post-trial motions were dismissed and prison sentences were imposed on the first two charges. On appeal the Superior Court affirmed the judgments with Judge Hoffman dissenting, 209 Pa. Superior Ct. 1, 223 A. 2d 873 (1966). We granted allocatur.

Hicks was stopped on a street in Philadelphia by two policemen without a warrant. A “patting down” of his person revealed that he had a penknife with a three inch blade in one of his…