Opinion
Submitted September 13, 1976.
July 21, 1977.
Indictments charging defendant with attempted rape, burglary, theft by unlawful taking, possession of an instrument of crime and possession of a prohibited offensive weapon. Before JENKINS, J., without a jury. Defendant's demurrer sustained to charge of possession of a prohibited offensive weapon. Defendant found guilty of burglary and possession of an instrument of crime and not guilty of remaining charges and judgment of sentence entered. Defendant appealed. Appeal, No. 1805, Oct. T., 1976, from Court of Common Pleas, Trial Division, of Philadelphia, Sept. T., 1975, Nos. 2228 and 2229. Submitted September 13, 1976.
John W. Packel, Assistant Defender, and Benjamin Lerner, Defender, for appellant.
Stephen Levin, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Judgment of sentence affirmed.