Commonwealth v. Garrett

Opinion by

Price, J.,

Appellant, David Garrett, appeals from a conviction of burglary before the Court of Common Pleas of *461Philadelphia County, alleging that the Commonwealth did not meet its burden of proof as to the elements of the crime.1

Viewing the evidence in a light most favorable to the Commonwealth as we must, Commonwealth v. Portalatin, 223 Pa. Superior Ct. 33, 297 A. 2d 144 (1972), the evidence, as found by the lower court sitting without a jury, is as follows:

On June 25, .1972, appellant entered the record shop of James Sumner in order to obtain drugs. After entering the store, an…