Commonwealth v. Moore

OPINION OF THE COURT

Petitioner Gary Moore was convicted of possession of an instrument of crime, 18 Pa.C.S.A. § 907 (1973). The trial court instructed the jury:

“If a person is in possession of what is conceded to be an instrument of crime, it is perfectly legitimate for a jury to conclude that possession of that instrument carries with it the intent to employ it in a criminal manner.”

Petitioner objected to this charge.

Section 907(a) provides:

“(a) Criminal instruments generally. — A person commits a misdemeanor of the first degree if he possesses any instrument of crime with intent to employ…