Commonwealth v. Toth

Opinion by

Mr. Justice Eagen,

The appellant, Louis Toth, was convicted by a jury of burglary, larceny, receiving stolen goods and conspiracy. Post-trial motions were denied and a prison sentence was imposed. On appeal, the Superior Court affirmed the judgment by a “per curiam” order. Judge Hoffman filed a dissenting opinion in which Judge *156Packel joined. See 223 Pa. Superior Ct. 354, 297 A. 2d 498 (1972). We granted allocatur and now reverse.1

The pertinent facts are these:

The crimes for which appellant was tried stemmed from the burglary of a hotel in Berks County. The Commonwealth’s case was…