Commonwealth v. Ngow

OPINION OF THE COURT

FLAHERTY, Justice.

The issue in this case is whether a baseball bat which has not been specially made or adapted for criminal use, can be an instrument of crime as defined by 18 Pa.C.S. § 907(c)(2).

Ngow was convicted of aggravated and simple assault, indecent assault, recklessly endangering another person, possessing an instrument of crime and criminal conspiracy. ’ He was sentenced to concurrent terms of eight to twenty-three months on all charges except the instrument of crime charge, on which he was sentenced consecutively to one year probation, 16 Pa.D. & C.4th 598.

The…