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COM. v. NGOW

539 Pa. 294 (1995)

652 A.2d 305

COMMONWEALTH of Pennsylvania, Appellee v. Ly NGOW, Appellant.

Supreme Court of Pennsylvania.

Decided January 11, 1995.

Attorney(s) appearing for the Case

James S. Bruno, Philadelphia, for L. Ngow.

Catherine Marshall, Ronald Eisenberg, and Helen Kane, Philadelphia, for the Com.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

The issue in this case is whether a baseball bat which has not been specially made or adapted for criminal use, can be an instrument of crime as defined by 18 Pa.C.S. § 907(c)(2).

Ngow was convicted of aggravated and simple assault, indecent assault, recklessly endangering another person, possessing an instrument of crime and criminal conspiracy. He was sentenced to concurrent terms of eight to...

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