Commonwealth v. Crocker

HOFFMAN, Judge:

Appellant contends that (1) 18 Pa.C.S. § 906 1 pre- eludes convictions for both attempted theft 2 and possession of an instrument of crime with intent to employ it criminally 3 when both offenses were designed to culminate in the commission of the same crime, and (2) the lower court erred in denying his motion for a mistrial after some jurors allegedly observed appellant in handcuffs. Because we agree with appellant’s former contention, we vacate the judgments of sentence and remand for resentencing. 4

On November 16, 1975, Lancaster County officials arrested appellant and…