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COMMONWEALTH v. WHITNER

444 Pa. 556 (1971)

Commonwealth v. Whitner, Appellant.

Supreme Court of Pennsylvania.

October 12, 1971.

Attorney(s) appearing for the Case

Thomas C. Carroll, Assistant Defender, with him John W. Packel, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Louis A. Perez, Jr., Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.

OPINION BY MR. JUSTICE O'BRIEN, October 12, 1971:

On August 27, 1968, some time between 5:00 and 6:00 p.m., Mrs. Anna Berg returned to her third-floor apartment to discover that it had been burglarized and that a typewriter and some money were missing. From the position of a certain flower pot on her windowsill, it appeared that the intruder had entered through the kitchen window, which was easily accessible from the roof...

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