Com. v. Jackson, R.
324 EDA 2024
Pa. Super. Ct.Apr 14, 2025Background
- Robert Jackson was convicted of two counts of simple assault and one count of possessing an instrument of crime (PIC) following a physical altercation with PECO utility workers on his property.
- The incident occurred when PECO personnel, accompanied by a contracted security guard, visited Jackson's property to investigate possible illegal electricity hookups.
- Jackson, accompanied by family, aggressively confronted the PECO team, shoving one agent and swinging his cane at others, which led to a physical struggle, minor injuries to the agents, and Jackson's subsequent arrest and prosecution.
- The trial court acquitted Jackson of aggravated assault but found him guilty of simple assault and possessing an instrument of crime based on credible witness testimony and video evidence corroborating the Commonwealth's version of events.
- Jackson appealed, challenging the sufficiency of the evidence on the assault and PIC charges, raising self-defense and lawful possession of the cane as primary arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence – simple assault (Dann) | Jackson was not the aggressor and actions were justified/self-defense | Jackson was the aggressor; evidence supported assault | Argument waived on appeal (not raised at trial); conviction affirmed |
| Sufficiency of evidence – simple assault (Schlacter) | No intent (mens rea) to injure Schlacter during the struggle | Jackson acted intentionally/recklessly causing injury | Evidence was sufficient for intent and bodily injury; conviction affirmed |
| Sufficiency of evidence – PIC (cane as weapon) | Cane was for walking, not criminal use; lawful possession | Cane was used as a weapon, thus criminal use | Using cane to strike agent made it an instrument of crime; conviction affirmed |
Key Cases Cited
- Commonwealth v. Williams , 302 A.3d 117 (Pa. Super. 2023) (establishes standard for sufficiency of the evidence review in criminal cases)
- Commonwealth v. Wroten , 257 A.3d 734 (Pa. Super. 2021) (supports conviction for simple assault based on attempt or evidence of intent)
- Commonwealth v. Magliocco , 883 A.2d 479 (Pa. 2005) (object may be considered instrument of crime based on use, even if not commonly used for crimes)