Commonwealth v. Namack

BECK, Judge:

Appellant Thomas Namack challenges the sufficiency of the evidence supporting his conviction for defiant trespass, 18 Pa.C.S. § 3503(b)(1). Upon review of the parties’ briefs, the record and the applicable law, we conclude that the evidence was insufficient to establish that appellant had the mens rea necessary to commit the crime of defiant trespass. We therefore reverse.

Appellant’s conviction arose from his use of a trail leading across property owned by complainant John McKay and McKay’s father and brothers, to the banks of the Delaware River. John McKay and his father William…