Commonwealth v. Myers

Opinion by

Packel, J.,

This case is here on an appeal by the Commonwealth from an order sustaining the defendant’s demurrer to the evidence on a charge of burglary. Two state police officers testified that they discovered the defendant standing in front of a door to an Atlantic service station at 3:10 in the morning. They stated that the door had been splintered around the lock assembly, that the window closest to the doorknob had been broken, and that just twenty minutes previously they had inspected the gas station and found the door undamaged. The trial judge granted defendant’s demurrer on…