Griffith v. Commonwealth

The defendant, Ernest Herbert Griffith, was convicted by a jury of statutory burglary, and his punishment was fixed at three years in the penitentiary. He was sentenced accordingly, and we granted him a writ of error.

The determinative question is the sufficiency of the evidence. The record shows that on December 18, 1969, the apartment of Janice Ann Flynn was burglarized. Investigation revealed that there were missing, among other things, a “brownish cardboard carton” and an “orange colored sweater.”

On the same date, Robert Proctor, an employee of the apartment project, saw the defendant in…