Commonwealth v. Starkes

HOFFMAN, Judge:

Appellant contends Inter alia that the evidence was insufficient to prove burglary because appellant entered a private residence with the occupant’s consent. We conclude that appellant’s contention is correct1 and, accordingly, vacate the judgment of sentence and remand for resentencing.

On January 23, 1977, Philadelphia police arrested appellant on charges stemming from the armed robbery of Ms. Angela Cooper in her home on the previous evening. On June 24-29, 1977, the following testimony was adduced at appellant’s jury trial:

On January 22, 1977, at approximately 5:30 p. m.,…