Commonwealth v. Simeone

Concurring Opinion by

Hoppman, J.:

I concur in the affirmance of the judgment of sentence of the lower court. I deem it necessary, however, to add this further statement of the reasons I think the decision of the Court of Common Pleas was proper.

The facts have been set forth in the opinion of the court below:

“On or about the late evening of December 7, 1968 or the early morning hours of December 8, 1968, [one Jesse Fantozzi] did steal a trailer load of mechandise belonging to Sears Boebuck from a loading platform at a Sears Boebuck warehouse in Philadelphia. . . . He thereupon transported the…