Commonwealth v. Jacobs

Appellant was convicted of burglary and possession of an instrument of crime. The burglary indictment charged the unauthorized entry into an apartment with the intent to commit the crime of theft.1 I agree that Commonwealth v. Carter, 236 Pa.Super. 376, 344 A.2d 899 (1975) was decided correctly and that the evidence in this case was sufficient to support a conviction for criminal trespass. I would agree with the majority’s decision to remand for sentencing except for my belief that the evidence was sufficient for the jury to infer that appellant entered the apartment with the intent to commit…