Commonwealth v. Magliocco

OPINION

Justice CASTILLE.

This Court granted review in these cross-appeals to address two separate issues of statutory interpretation: (1) whether under the relevant statutory definition of an instrument of crime, a conviction for Possession of an Instrument of Crime (“PIC”), 18 Pa.C.S. § 907, requires proof that the instrument (here, a baseball bat) is “commonly” used for criminal purposes; and (2) whether a conviction for Ethnic Intimidation, 18 Pa.C.S. § 2710, may be sustained in an instance where the defendant has been charged with, but acquitted of, the predicate crime which is an element…