Commonwealth v. Hardick

OPINION

POMEROY, Justice.

Appellant, James M. Hardick, was convicted after a jury trial of possession of instruments of crime1 and was sentenced to imprisonment for a term of two years to five years.2 The Superior Court affirmed without opinion and *477we allowed the present appeal to examine Hardick’s contention that the Commonwealth failed to sustain its burden of proving that the instruments were possessed with the requisite criminal intent. We shall affirm.

The record discloses that on October 4, 1973, at approximately 12:30 A.M., a Pennsylvania state trooper, Robert E. Miller, observed the…