Commonwealth v. Whitner

Opinion by

Mr. Justice O’Brien,

On August 27, 1968, some time between 5:00 and 6:00 p.m., Mrs. Anna Berg returned to her third-floor apartment to discover that it had been burglarized and that a typewriter and some money were missing. From the position of a certain flower pot on her windowsill, *559it appeared that the intruder had entered through the kitchen window, which was easily accessible from the roof of the adjoining two-story building.

At approximately 7:30 p.m., on the same evening, in response to a telephone call concerning a prowler, the police arrested appellant, Nathaniel Whitner, in a…