Commonwealth v. Tilley

The issue on Tilley’s exceptions is whether there was evidence to permit the judge who sat without a jury to find that Tilley on August 16, 1967, “did break” as well as enter Kathleen Dolan’s dwelling house. There was evidence that Tilley was discovered with Stephen Roukas in the house about 11:15 a.m. by Walter C. Dolan, son of the owner, and that Mrs. Dolan had left the house about 10:45 a.m. with both front and rear doors locked. Walter Dolan entered by unlocking the front door. He saw Roukas descending the stairs from the second floor. He chased Roukas into the dining room and saw Tilley…