No. 1939 October Term, 1978, Appeal from the Order of the Court of Common Pleas, Juvenile Division, Philadelphia County, at No. 3434-78-5, J#143267.
Joseph M. Casey, Assistant Public Defender, Philadelphia, for appellant.
Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Cercone, President Judge, and Spaeth and Stranahan, JJ.*fn*
[ 304 Pa. Super. Page 490]
This is an appeal from an adjudication of delinquency and order of commitment.*fn1 We now reverse and discharge appellant because of insufficient evidence.
Appellant was stopped on a street in Philadelphia at approximately 3:00 a.m. on the morning of May 8, 1978 by one Officer Flynn. Appellant and a companion were briefly questioned whereupon the companion left with the officer's permission but appellant was arrested. A delinquency petition charging him with possession of an instrument of crime*fn2 and possession of a prohibited offensive weapon*fn3 was
[ 304 Pa. Super. Page 491]
filed against him that same day. A pre-trial hearing was held on May 23. On June 16, 1978 the juvenile court heard and denied a motion to suppress evidence. The court also held trial that day. It sustained appellant's demurrer to the charge of possession of a prohibited offensive weapon. It thereafter adjudged him delinquent on the possession of an instrument of crime. Appellant was ordered committed to the Youth Development Center at Cornwall Heights.*fn4 This appeal followed.
Appellant contends that the evidence was insufficient to show that he violated the Crimes Code section on which the delinquency adjudication was based. Section 907 "Possession of instruments of crime" reads:
(a) Criminal instruments generally. -- A person commits a misdemeanor of the first degree if he possesses any instrument of crime with intent to employ it criminally.
(b) Possession of weapon. -- A person commits a misdemeanor of the first degree if he possesses a firearm or other weapon concealed upon his person with intent to employ it criminally.
(c) Definitions. -- As used in this section the following words and phrases shall have the meanings given ...