COMMONWEALTH OF PENNSYLVANIA v. FRED CHARLES MORAN

COMMONWEALTH OF PENNSYLVANIA v. FRED CHARLES MORAN No. 2281 EDA 2008 2010 PA Super 152 Atlantic: n/a Filed: 8/16/2010
	Appeal from the Judgment of Sentence entered March 17, 2008 In the Court of Common Pleas of Delaware County Criminal Division at No. CP-23-CR-0004579-2007
Before: BENDER, OTT and KELLY, JJ.
Opinion by: BENDER, J.
Dissenting Opinion by: KELLY, J.
Fred Charles Moran appeals the judgment of sentence imposed following his conviction of Bribery in Official and Political Matters, 18 Pa.C.S. § 4701. Moran contends that the evidence adduced was not legally sufficient to establish that he acted with criminal intent and/or to gain an unlawful benefit as required by the statute. In addition, he contends that the trial court abused its discretion in denying counsel’s requests to instruct the jury on culpability in conformity with 18 Pa.C.S. § 302. Upon review, we find the evidence more than ample to sustain Moran’s conviction. Moreover, in view of the measure of intent inherent in the language of the bribery statute and the overwhelming nature of the evidence of intent in this case, we find no abuse of discretion in the trial court’s refusal to instruct the jury in conformity with 18 Pa.C.S. § 302.

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