Commonwealth v. Cimaszewski

Opinion by

Mr. Justice Pomeroy,

Appellant Richard Cimaszewshi was tried before a judge, sitting without a jury, and convicted of attempt ed burglary and possession of burglary tools. Following a denial of post-trial motions, appellant was sentenced to a term of 3 to 10 years imprisonment for attempted burglary, and received a suspended sentence for possession of burglary tools. The Superior Court affirmed per curiam, without opinion. We granted allocatur and now reverse the conviction of possession of burglary tools and affirm the conviction of attempted burglary.

It is axiomatic that where the…