Commonwealth v. Campbell

PRICE, Judge:

Following a jury trial on May 25, 1977, appellant was convicted of burglary 1 and criminal conspiracy. 2 Post-trial motions were denied and appellant was sentenced to concurrent terms of three and a half to seven years imprisonment. Appellant first contends that the lower court erred in denying his motion to dismiss the conspiracy indictment and in failing to grant his demurrer to that charge. Finding merit in this claim, we will reverse the conspiracy conviction and discharge appellant on that count.

Appellant and one Ronald Cummings were both charged with burglary and conspiracy…