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COMMONWEALTH PENNSYLVANIA v. MAURICE JONES (06/18/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: June 18, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
MAURICE JONES, APPELLANT

NO. 2904 Philadelphia, 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas of Berks County, Criminal Division, at No. 80023401 of 1980.

COUNSEL

William F. Ochs, Jr., Public Defender, Reading, for appellant.

Charles M. Guthrie, Jr., Assistant District Attorney, Reading, for Commonwealth, appellee.

Rowley, McEwen and Montemuro, JJ.

Author: Per Curiam

[ 300 Pa. Super. Page 519]

Appellant Maurice Jones was found guilty of criminal trespass*fn1 by the same jury which acquitted him of the charges of burglary*fn2 and theft*fn3 which arose out of the same occurrence. On appeal, he contends that the evidence was insufficient to sustain his conviction. We are unable, however, to determine the validity of this contention because of the incomplete state of the record.*fn4 Therefore, we are compelled to remand the case for completion of the record and for a determination by the Common Pleas Court, based upon the complete record of the contention that there was insufficient evidence to convict appellant. Jurisdiction of this court is retained.

So ordered.


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