Commonwealth v. Mazzoccoli, 264 A.2d 173 (Pa. Super. Ct. 1969). · Go Syfert
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Commonwealth v. Mazzoccoli, 264 A.2d 173 (Pa. Super. Ct. 1969). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case · …insert only if day of week is essential element of offense. ⚠ not in text
cited 2× by 1 distinct case · …is not bound by the date laid in the bill of indictment but can show any date within the statutory period and prior to the finding of the indictment, except in cases where time is of the essence of the offense. at p. 175 ⚠ not in text
cited 2× by 1 distinct case · …the date when the accused committed the offense was on or about december 28, 1967 and the date of the week was thursday (insert only if day of week is essential element of offense). at p. 174 ⚠ not in text
24 citation events (21 in the last 25 years) across 2 distinct courts.
Strongest positive: Com. v. Dunmyer-Brown, M. (pasuperct, 2018-06-26)
Treatment trajectory · 1970 → 2026 · click a year to view as-of
1970 1998 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Com. v. Dunmyer-Brown, M. (2×) also: Cited "see"
Pa. Super. Ct. · 2018 · confidence medium
Likewise, Appellant could have presented evidence as to when, and how, she had assisted Ms. Baughn in order to undermine the witnesses’ account of what transpired and establish an alibi.10 In any event, the trial court discerned that “[t]he use of a short-range of dates did not hamper [Appellant’s] ability to cross-examine the Commonwealth’s witnesses about the events, test their ____________________________________________ 9 Our review of the record does not indicate that Appellant has disputed that this text message exchange took place. 10We further distinguish Appellant’s circumst…
examined Cited as authority (rule) Com. v. Deiuliis, A. (4×) also: Cited "see"
Pa. Super. Ct. · 2015 · confidence medium
In its criminal complaint, the Commonwealth stated that “[t]he date when the accused [committed] the offense was on or about December 28, 1967 and the date of the week was Thursday (insert only if day of week is essential element of offense).” Id. at 174 (emphasis in original).
discussed Cited as authority (rule) People v. Smith
Mich. Ct. App. · 1975 · confidence medium
As noted earlier, defendant relies upon Commonwealth v Boyer, 216 Pa Super 286; 264 A2d 173, 175-176 (1970), for support of the second *89 claim in issue three, viz. that the defense of alibi makes time of the essence, and that any variance between the date in the information and the date presented in the evidence is fatal to one’s conviction.
Retrieving the full opinion text from the archive…
Commonwealth
v.
Mazzoccoli
Appeal, No. 87.
Superior Court of Pennsylvania.
Jun 12, 1969.
264 A.2d 173
1969 Pa. Super. LEXIS 1216
Douglas Walgren, for appellant, submitted a brief; Charles B. Watkins, Assistant District Attorney, with him Carol Mary Los and Robert L. Campbell, Assistant District Attorneys, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
Published

Order affirmed.