Evidence was sufficient to support a finding of the mens rea element for defiant trespass where it showed that appellant remained inside store knowing they did not have the right to do so where store owner directly and repeatedly instructed appellant and her companion to leave the store. Judgment of sentence affirmed.
April 07, 2017 at 12:00 AM
1 minute read
Trespass • Mens Rea • Failure to Raise Affirmative Defense • Sufficiency of Evidence
Commonwealth v. Wanner, PICS Case No. 17-0496 (Pa. Super. March 28, 2017) Dubow, J. (9 pages).
Evidence was sufficient to support a finding of the mens rea element for defiant trespass where it showed that appellant remained inside store knowing they did not have the right to do so where store owner directly and repeatedly instructed appellant and her companion to leave the store. Judgment of sentence affirmed.
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