In Commonwealth v. Peck, the defendant sold drugs to the victim while the two were in Maryland. The victim then drove to his home in Pennsylvania, ingested the drugs, and died. The Commonwealth charged the defendant with PWID and drug delivery resulting in death (DDRD). At trial and on appeal after his conviction, the defendant argued that the evidence was insufficient because the drug delivery occurred in Maryland. First, the Pennsylvania Supreme Court held that a violation of one of the specifically referenced provisions of the Drug Act is an element of the crime of DDRD. The Court then agreed with the defendant that the Drug Act may be violated only when the drug delivery occurred within the Commonwealth. Lastly, the Court ruled that the Superior Court erroneously relied on 18 Pa.C.S. § 102 as the basis for its finding that the Commonwealth’s evidence of a drug delivery in Maryland was sufficient to support a violation of 35 P.S. § 780-113(a).
