Commonwealth v. Carothers

CERCONE, Judge.

This is an appeal from a judgment of sentence 1 entered after appellant James E. Carothers was found guilty of burglary, 2 theft by unlawful taking, 3 possession of instruments of crime 4 and criminal mischief. 5 We vacate the judgment of sentence and remand for a new trial.

On February 21, 1993, police officers, responding to the reported burglary of a bar, saw an individual who was dressed in a dark, three-quarter length coat, run from the rear of the bar. While pursuing the suspect, the officers saw appellant crouching in an alley near the bar. When apprehended, appellant was…