Commonwealth v. McCormick

CAVANAUGH, Judge:

Appellant, Robert F. McCormick, Jr., was convicted by a Schuylkill County jury of burglary1 and theft by unlawful taking.2 After the denial of post-verdict motions, appellant was sentenced to 11 to 22 months imprisonment, and. to pay restitution to the victim, for burglary; sentence was suspended on the theft conviction. Appellant’s sole contention in this appeal is that the evidence was insufficient to sustain his convictions. We agree and, accordingly, vacate the judgments of sentence and discharge appellant.

In deciding the sufficiency of evidence, we must accept as true…