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COM. v. MOORE

476 Pa. 19 (1978)

381 A.2d 845

COMMONWEALTH of Pennsylvania v. Gary MOORE, Petitioner.

Supreme Court of Pennsylvania.

January 26, 1978.

Attorney(s) appearing for the Case

Barton A. Haines, Philadelphia, for petitioner.

F. Emmett Fitzpatrick, Dist. Atty., Philadelphia County, Michael R. Stiles, Asst. Dist. Atty., Chief Appeals Div., Philadelphia, for respondent.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

PER CURIAM:

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."<...

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