Opinion

Commonwealth v. Magliocco

  • 584 Pa. 244
  • 883 A.2d 479
  • 2005 Pa. LEXIS 2129
Court
Supreme Court of Pennsylvania
Filed
Sep 28, 2005
Status
Published
Author
Cappy
On the bench
Cappy, Castille, Nigro, Newman, Saylor, Eakin, Lamb, Former
Cited by
91 cases

Limited by Commonwealth v. Baker-Myers, 210 A.3d 1093 (2019)

holding that where Commonwealth charged Maglioccio with ethnic intimidation by committing the offense of terroristic threats, and a jury acquitted Magliocco of terroristic threats, the verdict of guilty for ethnic intimidation was reversible as it was inconsistent where terroristic threats were an element of the crime of ethnic intimidation

How later courts described this case

  • holding that where Commonwealth charged Maglioccio with ethnic intimidation by committing the offense of terroristic threats, and a jury acquitted Magliocco of terroristic threats, the verdict of guilty for ethnic intimidation was reversible as it was inconsistent where terroristic threats were an element of the crime of ethnic intimidation
  • holding that where the jury found that the defendant did not commit the offense of terroristic threats, which was a predicate offense for the crime of ethnic intimidation, the conviction for ethnic intimidation could not stand
  • holding that a conviction of ethnic intimidation must be vacated where the defendant was acquitted of the predicate crime of terroristic threats, which was a specific statutory element of the offense of which he was convicted
  • concluding that a PIC conviction was appropriate where the defendant swung a baseball bat at two young girls even without a showing that a baseball bat is commonly used for criminal purposes

Written by the judges who cited it.

Later courts went against this

  • Limited by Commonwealth v. Baker-Myers, 210 A.3d 1093 (2019)

    The Supreme Court held that Magliocco was inapposite, and that the defendant's second-degree murder conviction was valid, reasoning:
    Superior Court of PennsylvaniaMay 21, 2019Read it

The opinion

CONCURRING OPINION

Chief Justice CAPPY.

I join the majority opinion. I write separately to distinguish this case from one in which a citizen in fact relies upon *268 an erroneously printed criminal statutory enactment. Such a case, in my view, may implicate different legal concerns than those present in this appeal. See, e.g., John T. Parry, Culpability, Mistake, and Official Interpretations of Law, 25 Am. J.Crim. L. 1 (Fall 1997); Joseph E. Murphy, The Duty of the Government to Make the Law Known, 51 Fordham L.Rev. 255 (1982); Comment: People v. Marrero and Mistake of Law, 54 Brooklyn L.Rev. 229 (Spring 1988).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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