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COMMONWEALTH v. JACOBSON

Nos. 220 and 367.

3 Pa. D. & C. 3d 394 (1975)

Commonwealth v. Jacobson

Common Pleas Court of Somerset County, Pennsylvania.

December 11, 1975.

Attorney(s) appearing for the Case

Frederick F. Coffroth, District Attorney, for Commonwealth.

Myron I. Markovitz, of Gleason, DiFrancesco, Shahade & Markovitz, for defendant.

COFFROTH, P.J., December 11, 1975.

Defendant has filed motions in arrest of judgment on his nonjury convictions of criminal trespass and simple assault.

The questions of law raised are:

(1) In a prosecution for criminal trespass under Crimes Code of December 6, 1972, P.L. 1482, 18 C.P.S.A. §3503 (a) (1), must entry into the building or structure be gained by subterfuge?

(2) In a prosecution for simple assault under

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