Blake E. Martin, Public Defender, Chambersburg, for appellant.
John R. Walker, Dist. Atty., Chambersburg, for appellee.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.
The appellant, Eddie Leonard Miller, was adjudged guilty following a non-jury trial of criminal conspiracy*fn1 and criminal mischief,*fn2 arising out of the felling and destruction of the Snowy Mountain Fire Tower at South Mountain, Franklin County. Post trial motions were filed and denied, and a term of imprisonment was imposed on Miller for the criminal mischief conviction.
Sentence was suspended on the criminal conspiracy conviction and Miller was placed on probation for a period of seven years, said probation to commence upon the expiration of the sentence imposed on the criminal mischief conviction.
An appeal was then filed in the Superior Court which subsequently affirmed the judgments of sentence.*fn3 We granted allocatur, limited to a determination of whether Miller was properly convicted and sentenced for both the crime of criminal conspiracy and the crime of criminal mischief.*fn4
It has long been the law of this Commonwealth that the crime of criminal conspiracy does not merge with the completed offense which was the object of the conspiracy. Commonwealth ex rel. Perry v. Day, 181 Pa. Super. 73, 121 A.2d 904 (1956); Commonwealth v. Dunie, 172 Pa. Super. 444, 94 A.2d 166 (1953); Commonwealth v. Downer, 159 Pa. Super. 626, 49 A.2d 516 (1946); Commonwealth v. Corcoran & Corcoran, 78 Pa. Super. 430 (1922). That is, the law has always considered criminal conspiracy and the completed substantive offense to be separate crimes.*fn5 Miller, while recognizing the current
status of the law in Pennsylvania, nevertheless contends that the Legislature, by its adoption of the Crimes Code,*fn6 intended to effect a change in the existing law. He argues that the tenor of the Crimes Code evidences a legislative intent to limit multiple prosecutions and convictions of a defendant for conduct which may establish the commission of more than one offense.*fn7
However, even attributing to the Legislature the intent to limit multiple prosecutions and convictions in the manner articulated by Miller, it must be noted that the Crimes Code contains no provision barring the prosecution and conviction of criminal conspiracy when that criminal conspiracy consists only of the conspiracy or preparation to commit another crime for which the defendant stands charged. And no such provision is contained in the Crimes Code despite the fact that the Model Penal Code, upon which the Crimes Code is based, did contain a specific ...