Commonwealth v. T.R.
Police responding to a radio call for a burglary in process observe T.R. locking the door to a house and a hot water heater and other people standing on the landing. The “owner” of the house told police, and testified, that T.R. and the co-defendant did not have permission to enter the house and take the water heater. T.R. was arrested and charged with theft, conspiracy, robbery & burglary charges. At trial, the defense argued that the DA failed to establish ownership of the property, or that T.R. or the co-defendant had actually taken anything from inside. T.R. was found not guilty of all charges.