Commonwealth v. Smith

OPINION

NIX, Justice.*

The question raised in this appeal is whether the evidence presented was legally sufficient to sustain the jury’s verdict of guilt. Fred Smith, Jr. was tried and found guilty by a jury on charges of burglary, theft and conspiracy. Post-verdict motions were denied and appellant was sentenced to a term of imprisonment of one to three years and required to make restitution of one-third of the amount taken in the *376burglary as well as being assessed the cost of prosecution. A direct appeal to the Superior Court resulted in affirmance and we granted review.

On October 14, 1975, a…