Commonwealth v. Clinton

Opinion by

Mr. Justice Musmanno,

On the night of October 24, 1954, at about 11:45 o’clock, Eugene Clinton and Thomas Houser were arrested by Philadelphia police and later charged with the crimes of Possessing Burglars’ Tools (Act of June 24, 1939, P. L. 872, §904, 18 P.S. §4904) and Prowling (Act of June 24, 1939, P. L. 872, §418, added May 27, 1949, P. L. 1900, §1, 18 P.S. §4418.) They were tried before Judge Kun of the Court of Quarter Sessions, Philadelphia County, without a jury and convicted. Clinton appealed to the Superior Court which affirmed his conviction and then petitioned this…