Commonwealth v. Foster

POPOVICH, Judge:

This is an appeal from a judgment of sentence entered in the Court of Common Pleas of Erie County, following appellant’s conviction for possession of an instrument of crime.1 Appellant now contends that the evidence was insufficient to sustain the conviction for possession of an instrument of crime because her acquittal on homicide charges negated the crimi*42nal intent necessary for possession of an instrument of crime.2 After careful review, we agree and vacate the judgment of sentence. u

The test for sufficiency of the evidence is “whether, viewing all the evidence admitted at…