Commonwealth v. Hill

SPAETH, Judge:

Appellant was convicted of conspiracy, assault, and possession of an instrument of crime. The only issue we shall consider on this appeal 1 is whether there was sufficient evidence to sustain the conviction of possession of an instrument of crime. 2

On June 7, 1977, at approximately 8:40 p. m., Philadelphia police officer Frank Rowe responded to a call that there was a burglary in progress at a building located at 625 North 2nd Street. Rowe lifted up a rear garage door, which had a broken panel, and entered the building. He observed appellant and another man in a front room;…