Superior Court of Pennsylvania April 13, 1978, 1353 (Commonwealth v. Smith)

CERCONE, Judge:

This appeal arises from appellant’s conviction of possession of an instrument of a crime with the intent to employ it criminally, and possession of a prohibited offensive weapon. Crimes Code, 18 Pa. C.S. §§ 907(a) and 908 (1973).

On May 25, 1975, at approximately 10:45 P.M., an off-duty Philadelphia policeman, Officer Edward Bracey, took his friend, Ms.