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COM. v. HEATON

504 Pa. 297 (1984)

472 A.2d 1068

COMMONWEALTH of Pennsylvania, Appellant, v. Oscar Leroy HEATON, Appellee. COMMONWEALTH of Pennsylvania, Appellant, v. Stevenson Evans SAMPLE, Appellee.

Supreme Court of Pennsylvania.

Decided March 16, 1984.

Attorney(s) appearing for the Case

David M. Weixel, Sp. Prosecutor, Lock Haven, for appellant.

Stephen Smith, Lock Haven, for Heaton.

Michael F. Salisbury, Beech Creek, for Sample.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

Appellees, Oscar Leroy Heaton and Stevenson Evans Sample, were tried together in the Court of Common Pleas of Clinton County and convicted, by a jury, of three counts of burglary, two counts of criminal conspiracy and one count of criminal mischief. On direct appeal, appellees argued, and Superior Court agreed, that an inference of other criminal activity was improperly raised...

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