Commonwealth v. Peck Jr., M., Aplt. – No. 75 MAP 2019
In the case of Commonwealth v. Peck, the defendant sold drugs to the victim. The transaction occurred in Maryland. The victim later returned to Pennsylvania, where his ingestion of the drugs resulted in his death. The defendant was charged with and convicted of drug delivery resulting in death. He appealed in the grounds that because the delivery occurred in Maryland, he could not be convicted in Pennsylvania. The court finds that the language of the statute is clear and unambiguous. When the defendant administers, dispenses, delivers, gives… a controlled substance, he must do so in violated of Section 780-113 of the drug act. In order to meet the elements of 780-113, the delivery must occur within the commonwealth of Pennsylvania. So while the law provides jurisdiction to prosecute because the death incurred in Pennsylvania, they were unable to produce sufficient evidence to establish the elements of drug delivery resulting in death because they cannot establish that the delivery occurred in the Commonwealth.
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