Commonwealth v. Capitolo

SPAETH, Judge:

These appeals are from judgments of sentence for criminal trespass. Appellants’ convictions arise from an incident that occurred during a demonstration against nuclear power at the Shippingport Nuclear Power Plant. Appellants argue that the trial court should have permitted them to prove that their conduct was justified under Section 503 of the Crimes Code. We agree and therefore vacate the *66judgments of sentence and remand for a new trial at which appellants shall be permitted to prove, if they can, that their conduct was justified.

We have divided our discussion explaining this…