Commonwealth v. Carter

Opinion by

Van der Voort, J.,

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.1 Sentencing followed. Appellant now challenges the conviction of criminal trespass, arguing that the crime of criminal trespass is not a lesser included oifense of the…