Commonwealth v. McDermott

Lipez, P. J., Specially Presiding,

This matter is before us on defendant’s motion in arrest of judgment. He was indicted for burglary with intent to commit a felony, to wit, rape, loitering and prowling, assault and battery upon Irene Wunderlick, assault and battery in resisting arrest and unlawfuly resisting an officer in making an arrest. Defendant’s demurrer to the burglary charge was sustained. The jury found him guilty of the other charges.

He contends judgment should be arrested because: '(1) As to the loitering and prowling. charge, the act creating the offense is unconstitutional…