Commonwealth v. Cook

Concurring Opinion by

Hoffman, J.:

In January, 1969, appellant was tried before a judge and jury on charges of burglary, larceny, and receiving stolen goods. Testimony at trial showed that appellant was arrested in his apartment on October 13, 1968, and pursuant to a search guns stolen from a bar on September 19, 1968, were discovered. Commonwealth witnesses established the circumstances of the theft of the guns and appellant’s later possession. Appellant’s demurrer to the evidence was overruled, and he took the stand in his own defense.

*246At trial appellant acknowledged that initially he had lied…