Com. v. Maxey, C.
This text of Com. v. Maxey, C. (Com. v. Maxey, C.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
J.S54014-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. : : COREY MAXEY, : : Appellant : No. 2821 EDA 2014
Appeal from the Judgment of Sentence August 7, 2014 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-15146-2013
BEFORE: BOWES, PANELLA , AND FITZGERALD, JJ.*
CONCURRING STATEMENT BY FITZGERALD, J.: FILED JANUARY 05, 2016
I agree with the learned majority that the evidence did not sustain
Appellant’s conviction for terroristic threats. I write separately to state my
view that under appropriate circumstances, physical gestures or other
symbols may “convey” a threat to commit a crime of violence with the intent
to terrorize another. See 18 Pa.C.S. § 2706(a)(1), (e). However, such
circumstances were not present in this case. Thus, I concur.
* Former Justice specially assigned to the Superior Court.
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