Legal Opinion · Concurring in part, dissenting in part

Commonwealth v. Hart

Supreme Court of Pennsylvania

Decided September 28, 2011No. 9 MAP 2010Published

1Concurring in part, dissenting in partJustice Eakin

I concur with the majority’s holding 18 Pa.C.S. § 2910 does not require the Commonwealth to prove a person who attempts to lure a child into an automobile did so with the intent to harm the child. See Majority Op., at 552-53, 28 A.3d at 910-11. This answers the simple question presented for our review.1 Nonetheless, the majority goes beyond the scope of the issue granted for appeal, and reverses appellant’s conviction after defining “lure” as “the making of a promise of pleasure or gain, the furnishing of a temptation or enticement, or the performance of some other affirmative act calculated…

2Cases cited4 opinions

  1. Commonwealth v. TateSupreme Court of Pennsylvania · 2003
  2. Commonwealth v. HartSupreme Court of Pennsylvania · 2010
  3. Commonwealth v. HartSupreme Court of Pennsylvania · 2010
  4. Commonwealth v. TateSuperior Court of Pennsylvania · 2001

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