dissenting.
I dissent. Having considered the evidence and inferences therefrom in the light most favorable to the Commonwealth, the verdict winner below, I conclude that, while the Commonwealth may have raised a suspicion of guilty, it has failed to meet its burden of proof of guilt beyond a reasonable doubt.
An eyewitness observed three men in the vicinity of the victim’s home — one drove an automobile in an alleyway, toward the victim’s residence, and the other two carried a black box from the vicinity of the victim’s home and placed it in the trunk of an automobile. This witness gave the following description at trial: “They were three black men. Medium height, five-eight, five-ten, somewhere in that vicinity, and that’s about all I could describe.” When pressed for more details, he testified, “One had a field jacket on, an army type, green, drab, olive, and when the other one came back, he had on a white T-shirt . . . .” More signifi*379cantly, when asked if appellant was one of the men he saw, he answered, “7 can’t identify him, no.”1
Next day, appellant traded his automobile — the vehicle used in the burglary — for a used Buick Riviera, and he requested the issuance of new license plates. The Commonwealth argues that this immediate attempt to dispose of evidence indicates appellant’s guilty knowledge. Appellant’s disposal of the car, however, is not inconsistent with his innocence. The salesman testified that the car had two missing windows, that the right hand fender and door had body damage, and that the car was subsequently sold for scrap. This evidence is consistent with appellant’s testimony that he had intended to replace his car due to its condition and his concern that winter was nigh.
In Commonwealth v. Walker, 428 Pa. 244, 236 A.2d 765 (1968), this Court was presented with the question whether there was sufficient evidence to sustain a conviction on charges on conspiracy, assault and battery, aggravated assault and battery, and aggravated robbery. In that case the only admissible evidence tending to prove Walker’s guilt was the fact that his automobile was used by the robbers in their getaway and that three of his dollar bills were bloodstained. No witness explained how the robbers obtained Walker’s car if he was not with them nor was there any satisfactory explanation of the bloodstains on the money. There was no testimony by any eyewitness which in any way connected Walker to the crimes charged. In that case the evidence was held insufficient to sustain the convictions.
Likewise, I am of the opinion that the evidence in the instant case was woefully insufficient to prove appellant’s guilt beyond a reasonable doubt.
The majority indicates that appellant’s lack of awareness of the removal of his automobile and lack of evidence as to the use of the automobile without an ignition key, in combination with the other evidence adduced at trial, justify a finding of guilt. I am of the opinion, however, that the *380accused should not be required to disprove his guilt. The Commonwealth has the burden of proving appellant’s guilt beyond a reasonable doubt, and it failed to meet its burden.
For these reasons the Order of the Superior Court affirming the judgment of sentence of the Court of Common Pleas should be reversed.
O’BRIEN and ROBERTS, JJ., join in this dissenting opinion.. It should be pointed out that at the time of appellant’s arrest, two days after the incident, appellant wore a full beard.