Commonwealth v. Donegan

Hagan, J.,

Defendant was indicted and tried before the writer of this opinion sitting without a jury, and was found guilty of common law malicious mischief. The conviction was based upon the fact that defendant threw a brick through a plate glass window belonging to S. S. Kresge Company, destroying the window. Defendant filed a motion in arrest of judgment, which motion is now before the court.

The Commonwealth concedes that, although there are many specific types of statutory malicious mischief (see 18 PS §§4912-61), none of these statutes covers the facts of this case. Two basic issues are…