COMMONWEALTH v. CARTER


236 Pa.Super. 376 (1975)

Commonwealth v. Carter, Appellant.

Superior Court of Pennsylvania.

September 22, 1975.


Attorney(s) appearing for the Case

Albert John Snite, Jr., Elaine DeMasse, and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.

Harry M. Spaeth, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY VAN DER VOORT, J., September 22, 1975:

This appeal arises by appellant's challenge to his judgment of sentence. At trial on April 17, 1974, the judge, sitting without a jury, sustained appellant's demurrer to a charge of possessing an instrument of crime, found appellant guilty on an indictment charging conspiracy, and found appellant guilty of criminal trespass on an indictment charging burglary and attempted theft by unlawful taking.

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