No. 2944 Philadelphia, 1983, Appeal from the Judgment of Sentence of October 7, 1983 in the Court of Common Pleas of Montgomery County, Criminal Division, No. 790-83
Lawrence F. Flick, Norristown, for appellant.
J. William Ditter, III, Assistant District Attorney, Norristown, for Commonwealth, appellee.
Wieand, Montemuro and Cercone, JJ.
This appeal arises from an Order of the Court of Common Pleas of Montgomery County denying Mr. White's ("appellant") Motions for New Trial and In Arrest of Judgment, thus affirming his conviction of Defiant Trespass.
The Act under which the appellant was charged and found guilty, 18 Pa.C.S.A. § 3503(b), provides:
(b) Defiant trespasser. --
(1) A person commits an offense if knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(i) actual communication to the actor; . . .
Section 3503 provides certain defenses to a charge of defiant trespass. Subsection (c) states:
(c) Defenses. -- It is a defense to prosecution under this section that:
(2) the premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to ...