Commonwealth v. Jackson

SPAETH, Judge:

This is an appeal from a judgment of sentence imposed after a jury convicted appellant of attempt 1 and possession of an instrument of crime, 2 and the lower court convicted him of the summary offense of criminal mischief. 3 Appellant argues 1) that he was improperly convicted of both attempt and possession of an instrument of crime; 2) that the lower court should have instructed the jury on criminal mischief because under the facts of this case it was a lesser offense included in the greater offense of attempt; and 3) that if we conclude that this second argument has been…