No. 152 October Term, 1978, Appeal from the Order of Adjudication of Delinquency of the Court of Common Pleas, Family Court Division, Juvenile Branch, Petition Number 5727-77-8. J#170458.
Joseph M. Casey, Assistant Public Defender, Philadelphia, for appellant.
Robert B. Lawler, Assistant District Attorney and Edward G. Rendell, District Attorney, Philadelphia, for Commonwealth, appellee.
Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Price, J., dissents. Hoffman, J., did not participate in the consideration or decision of this case.
[ 259 Pa. Super. Page 562]
This is an appeal from the Order of Adjudication of Delinquency of the Court of Common Pleas, Family Court Division, Juvenile Branch, Petition Number 5727-77-8. The procedural history and undisputed facts relevant to the sole issue on appeal are as follows:
Officer Thomas Wills was proceeding south on the 400 Block of Rising Run Avenue in Philadelphia on August 15, 1977 at 9:29 A.M. He observed the top portion of a knife in appellant's waistband as appellant walked north on the east side of the street. The knife was later described by the officer as a "hunting type knife" eight and one half inches long, with a five inch blade, and was unsheathed. Appellant, a juvenile, was arrested and charged with Delinquency based upon the charges of Prohibited Offensive Weapons, and Possession of an Instrument of Crime.
A Motion to Suppress was denied on September 29, 1977, and the testimony was incorporated at trial along with additional testimony. Appellant's demurrer was sustained as to the charge of Prohibited Offensive Weapons. On October 3, 1977, appellant was adjudicated delinquent on the charge of Possession of an Instrument of Crime. After appellant's post trial motions were denied, he was committed to the Glen Mills School. This timely appeal followed.
Appellant's sole argument is that evidence of possession of a hunting knife on a public street is insufficient, without more, to establish the criminal intent necessary to convict him of Possession of an Instrument of Crime.
Section 907 of the Pennsylvania Crimes Code (Act of December 6, 1972, No. 334, 18 Pa.C.S.A. 907) entitled Possessing Instruments of Crime, states, in relevant part, as follows:
A) Criminal instruments generally. -- A person commits a misdemeanor of the first degree if he possesses any
[ 259 Pa. Super. Page 563]
instrument of crime with intent to ...