COM. v. FOX


345 Pa.Super. 465 (1985)

498 A.2d 917

COMMONWEALTH of Pennsylvania, Appellant, v. Robert H. FOX, Appellee.

Supreme Court of Pennsylvania.

Filed September 13, 1985.

Petition for Allowance of Appeal Denied March 6, 1986.


Attorney(s) appearing for the Case

Charles S. Hersh, Assistant District Attorney, Hermitage, for Commonwealth, appellant.

Lorinda L. Hinch, Assistant Public Defender, Mercer, for appellee.

Before SPAETH, President Judge, and ROWLEY and WIEAND, JJ.


WIEAND, Judge:

Robert Fox was tried by jury and was found guilty of an attempt to commit criminal trespass.1 The trial court granted a motion in arrest of judgment because it deemed the evidence insufficient to sustain the convictions. The Commonwealth appealed. We reverse.

A criminal trespass occurs when a person, knowing that he is not privileged to do so, breaks into a building. 18 Pa.C.S. § 3503(a)(1)(ii). An attempt occurs...

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