COMMONWEALTH v. FARMER


244 Pa.Super. 334 (1976)

368 A.2d 748

COMMONWEALTH of Pennsylvania v. James FARMER, Appellant.

Superior Court of Pennsylvania.

Decided December 15, 1976.


Attorney(s) appearing for the Case

Daniel-Paul Alva, Philadelphia, for appellant.

Eric J. Cox, Conshohocken, with him James A. Cunningham, Pottstown, Ross Weiss, Elkins Park, and William T. Nicholas, Norristown, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


JACOBS, Judge:

The issue presented on this appeal is a narrow one: Is the crime of attempted theft of the contents of an automobile a lesser included offense of the crime of attempted theft of an automobile? We hold that it is and therefore affirm the conviction.

On July 18, 1975, at approximately 12:00 noon, a detective of the Lower Merion Township police was on assignment surveilling a shopping center parking...

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