Legal Opinion · Dissent

Commonwealth, Aplt v. Kingston, S.

Supreme Court of Pennsylvania

Decided August 15, 2016No. 45 MAP 2015Published

1DissentChief Justice Saylor

The majority holds that Section 906’s prohibition against convictions “of more than one of the inchoate crimes of criminal attempt, criminal solicitation or criminal conspiracy for conduct designed to commit or to culminate in the commission of the same crime” operates only horizontally, i.e., to foreclose convictions for combinations of different inchoate crimes, but not vertically to preclude convictions for multiple instances of any one of the named inchoate offenses. 18 Pa.C.S. § 906. From my point of view, the statute is materially ambiguous in such regard, and accordingly, the rule of…

2Cases cited7 opinions

  1. United States v. WiltbergerSupreme Court of the United States · 1820
  2. Muscarello v. United StatesSupreme Court of the United States · 1998
  3. Commonwealth v. BoothSupreme Court of Pennsylvania · 2001
  4. Commonwealth v. JacobsSupreme Court of Pennsylvania · 2012
  5. Commonwealth v. WootenSupreme Court of Pennsylvania · 1988

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