Commonwealth v. Kincade

DEL SOLE, Judge:

Appellant was charged with criminal trespass,1 simple assault,2 and criminal mischief.3 At the close of the *593Commonwealth’s case, the court granted a motion to dismiss the charge of criminal trespass and stated, “[t]he motion of the Defendant to dismiss or order a directed verdict on the criminal mischief charge ... is refused; however the degree of the offense is reduced to a summary.” (Trial Transcript at 132).4 The court at that time also removed the charge of criminal mischief from the jury. Appellant was subsequently found not guilty of simple assault and the court found…