Opinion
Argued December 8, 1977.
April 13, 1978.
Indictment charging defendant with possession of instrument of crime. Before KUBACKI, J. Verdict of guilty and judgment of sentence entered. Defendant appealed. Appeal, No. 564, Oct. T., 1977, from Court of Common Pleas, Trial Division, of Philadelphia, May T., 1976, No. 330. Argued December 8, 1977.
Richard J. Conn, for appellant;
Leon W. Tucker, Assistant District Attorney, with him F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Judgment of sentence affirmed.
HOFFMAN, J., dissented because the Commonwealth failed to prove that appellant intended to use the weapon criminally. See Commonwealth v. McHarris, 246 Pa. Super. 488, 371 A.2d 941 (1977).
WATKINS, former P.J., did not participate in the consideration or decision of this case.