Commonwealth v. Sims

OPINION

Justice CASTILLE.

This case presents the question of whether a defendant may be convicted of an attempt crime where he had only been charged with the substantive offense. Because we conclude that an attempt crime is necessarily a lesser-included offense of the substantive offense, we hold that a defendant may be convicted of an attempt crime even if the Commonwealth charged him with the substantive offense but not attempt. Accordingly, we reverse the order of the Superior Court and remand the matter to the Superior Court for consideration of appellee’s sufficiency claim.

On July 24,…