Commonwealth v. Freeman

Opinion by

Spaeth, J.,

The evidence presented in this non-jury case is not sufficient to support appellant’s conviction of burglary with the intent to commit larceny. The verdict is vacated and the matter remanded for sentencing on the charge of unlawful entry.

The evidence may be summarized as follows: On August 22,1972, at about 10:00 p.m., two police officers were working a plain clothes detail in Center City Philadelphia when they noticed appellant walking west in the 2200 block of Locust Street. Appellant entered and left the vestibules of several buildings on Locust Street. The officers…