Motion in Limine • Similar Crimes • Burglary • Evidence
Commonwealth v. Gill, PICS Case No. 17-0502 (Pa. Super. March 28, 2017) Stevens. P. J. (14 pages).
Trial court erred in granting a motion in limine to allow evidence of a 2016 burglary in appellee’s trial for a 2013 burglary because while the incidents similarly involved cash stolen from a lockbox in the same victim’s house, the conduct was different because in the 2013 burglary, entry to the house was through the garage door keypad and there was no use of force and in the 2016 burglary, tools and/or force was used to access the house and attempt to open the lockbox. Reversed.
