Commonwealth v. DelMarmol

Concurring and Dissenting Opinion by

Hoffman, J.:

The facts in these two appeals have been set forth in Judge Jacob's careful opinion, reported at 206 Pa. Superior Ct. 512, 214 A. 2d 264 (1965). In that opinion, the Court held that certain evidence was inadmissible to prove that appellants had committed burglary and ordered a new trial. In dictum, the Court said there remained evidence sufficient to establish guilt beyond a reasonable doubt. Because I disagree with that dictum and the holding of the majority today with respect to appellant Scanlon, I must dissent and set forth the facts as I…