Commonwealth v. Viall

After a bench trial in Philadelphia, Albert G. Viall was found guilty of burglary and attempted theft by unlawful taking. After post-verdict motions were denied, a prison sentence of 5 to 15 years was imposed. Later a petition to reconsider the sentence was granted, and the term of imprisonment was reduced to 3V2 to 8 years. This appeal from the judgment of sentence followed.

First, Viall contends the evidence was insufficient to establish his guilt “of burglary” since it established only his presence near the scene and his flight.

The test for sufficiency is whether, accepting as true all the…