Commonwealth v. D'Alonzo

CAVANAUGH, Judge:

Appellant, Joseph D’Alonzo, appeals from a conviction following a non-jury trial. At trial a demurrer was sustained as to a burglary charge and he was adjudged not guilty of a charge of criminal conspiracy and theft. The court found him guilty of criminal trespass and defiant trespasser. Following denial of post-verdict motions, appellant was given a sentence of probation. His appeal attacks the sufficiency of the evidence to support the guilty verdict. We agree with appellant and reverse.

The Commonwealth called two witnesses. The testimony admitted into evidence when…