Commonwealth v. McCoy

OPINION

Chief Justice CASTILLE.

The question presented in this appeal is whether Section 2707.1 of the Crimes Code, 18 Pa.C.S. § 2707.1, entitled “Discharge of a firearm into an occupied structure,” encompasses a situation where an individual discharges a firearm while inside an occupied structure, rather than firing into the structure from a location outside of the structure. For the following reasons, we hold that Section 2707.1 does not apply to such conduct, and we reverse appellant’s conviction for discharge of a firearm into an occupied structure.

The undisputed facts that gave rise to…