commits error in Pennsylvania

26 Pennsylvania opinions name it 5 courts 1922–2023 2 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

Case	Followed	Cited
Commonwealth v. Carrollgreen pa · 1937 · cited in 5 Pennsylvania opinions naming this issue, 1937–1971 2 sentences 1971First, many of our cases decided prior to Commonwealth v. Flax, 331 Pa. 145 , 200 Atl. 632 (1938), accepted without question the proposition "that on a trial for murder where there is no evidence which in the 78 remotest degree points to the offense of manslaughter, the court commits no error in instructing the jury that a verdict of guilty of manslaughter would not be warranted." Commonwealth v. Yeager, 329 Pa. 81, 85 , 196 Atl. 827, 830 (1938); accord Commonwealth v. Carroll, 326 Pa. 135 , 191 Atl. 610 (1937); Commonwealth v. Crossmire, 156 Pa. 304 , 27 Atl. 40 (1893); Commonwealth v. Bucci 1971First, many of our cases decided prior to Commonwealth v. Flax, 331 Pa. 145 , 200 Atl. 632 (1938), accepted without question the proposition "that on a trial for murder where there is no evidence which in the 78 remotest degree points to the offense of manslaughter, the court commits no error in instructing the jury that a verdict of guilty of manslaughter would not be warranted." Commonwealth v. Yeager, 329 Pa. 81, 85 , 196 Atl. 827, 830 (1938); accord Commonwealth v. Carroll, 326 Pa. 135 , 191 Atl. 610 (1937); Commonwealth v. Crossmire, 156 Pa. 304 , 27 Atl. 40 (1893); Commonwealth v. Bucci	5	5
Accu-Weather, Inc. v. Prospect Communications, Inc.green pasuperct · 1994 · cited in 3 Pennsylvania opinions naming this issue, 1995–1998 2 sentences 1998Accur-Weather, Inc. v. Prospect Communications, Inc., 435 Pa.Super. 93 , 644 A.2d 1251, 1254 (1994). 1998Accur-Weather, Inc. v. Prospect Communications, Inc., 435 Pa.Super. 93 , 644 A.2d 1251, 1254 (1994).	3	3
Commonwealth v. Yeagergreen pa · 1937 · cited in 6 Pennsylvania opinions naming this issue, 1938–1971 2 sentences 1971In Commonwealth v. Yeager, 329 Pa. 81, 85 , 196 A. 827 (1938), we said: “. . . [W]here there is no evidence which in the remotest degree points to the offense of manslaughter, the court commits no error 535 in instructing the jury that a verdict of guilty of manslaughter would not be warranted.” That language was quoted with approval in Commonwealth v. Heckathorn, 429 Pa. 534, 541 , 241 A. 2d 97 (1968). 1971In Commonwealth v. Yeager, 329 Pa. 81, 85 , 196 A. 827 (1938), we said: “. . . [W]here there is no evidence which in the remotest degree points to the offense of manslaughter, the court commits no error 535 in instructing the jury that a verdict of guilty of manslaughter would not be warranted.” That language was quoted with approval in Commonwealth v. Heckathorn, 429 Pa. 534, 541 , 241 A. 2d 97 (1968).	2	6
Commonwealth v. Fulton, I., Aplt.green pa · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023 1 sentence 2023Fulton, 179 A.3d at 493 (citations omitted and formatting altered).	1	1
Missett v. Hub International Pennsylvania, LLCgreen pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021 1 sentence 2021Missett v. Hub Intl Pennsylvania, LLC, 6 A.3d 530, 544 (Pa. Super. 2010) Where no showing of unavailability or exceptional circumstance is made, a trial court Compare Pa.R.E. 804 which provides: 13 A declarant is considered to be unavailable as a witness if the declarant: (1) is exempted from testifying about the subject matter of the declarant's statement because the court rules that a privilege applies; (2) refuses to testify about the subject matter despite a court order to do so; (3) testifies to not remembering the subject matter, except as provided in Rule 803.1(4); (4) cannot be present	1	1
Commonwealth v. Surinagreen pasuperct · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014 2 sentences 2014The appellate courts review a ruling upon a motion in limine by “applying the scope of review appropriate to the particular evi-dentiary matter at issue, [The Superior Court] may reverse rulings on the admissibility of evidence only if it is shown that the trial court abused its discretion.” Commonwealth v. Surina, 438 Pa.Super. 333, 337 , 652 A.2d 400, 402 (1995) The parameters of the workday were relevant to the jury’s consideration of whether Defendant and caucus staff performed campaign related tasks on legislative, taxpayer-paid time. 2014The appellate courts review a ruling upon a motion in limine by “applying the scope of review appropriate to the particular evi-dentiary matter at issue, [The Superior Court] may reverse rulings on the admissibility of evidence only if it is shown that the trial court abused its discretion.” Commonwealth v. Surina, 438 Pa.Super. 333, 337 , 652 A.2d 400, 402 (1995) The parameters of the workday were relevant to the jury’s consideration of whether Defendant and caucus staff performed campaign related tasks on legislative, taxpayer-paid time.	1	1
Janson v. Cozen and O'Connorgreen pasuperct · 1996 · cited in 1 Pennsylvania opinions naming this issue, 1998–1998 2 sentences 1998Janson v. Cozen and O’Connor, 450 Pa.Super. 415 , 676 A.2d 242, 246 (1996) quoting Blackman v. Federal Realty Inv. 1998Janson v. Cozen and O’Connor, 450 Pa.Super. 415 , 676 A.2d 242, 246 (1996) quoting Blackman v. Federal Realty Inv.	1	1
KELLY BY KELLY v. Ickesgreen pasuperct · 1993 · cited in 1 Pennsylvania opinions naming this issue, 1994–1994 2 sentences 1994Kelly by Kelly v. Ickes, 427 Pa.Super. 542, 547 , 629 A.2d 1002, 1004 (1993) (citing Carns v. Yingling, 406 Pa.Super. 279 , 594 A.2d 337 (1991)). 1994Kelly by Kelly v. Ickes, 427 Pa.Super. 542, 547 , 629 A.2d 1002, 1004 (1993) (citing Carns v. Yingling, 406 Pa.Super. 279 , 594 A.2d 337 (1991)).	1	1
Commonwealth v. Danzygreen pasuperct · 1973 · cited in 1 Pennsylvania opinions naming this issue, 1992–1992 2 sentences 1992See also, Commonwealth v. Danzy, 225 Pa.Super. 234 , 310 A.2d 291 (1973). 1992See also, Commonwealth v. Danzy, 225 Pa.Super. 234 , 310 A.2d 291 (1973).	1	1
Commonwealth v. Dewsgreen pa · 1968 · cited in 1 Pennsylvania opinions naming this issue, 1971–1971 2 sentences 1971See also Commonwealth v. Dews, 429 Pa. 555 , 239 A. 2d 382 (1968). 1971See also Commonwealth v. Dews, 429 Pa. 555 , 239 A. 2d 382 (1968).	1	1
Commonwealth v. Millergreen pa · 1933 · cited in 1 Pennsylvania opinions naming this issue, 1938–1938 2 sentences 1938See Com. v. Yeager, 329 Pa. 81, 85 , 196 A. 827 , and Com. v. Miller, 313 Pa. 567 , 170 A. 128 . 1938See Com. v. Yeager, 329 Pa. 81, 85 , 196 A. 827 , and Com. v. Miller, 313 Pa. 567 , 170 A. 128 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (16)

Case	Cited	Years
Commonwealth v. Crossmire green pa · 1893 2 sentences 1971First, many of our cases decided prior to Commonwealth v. Flax, 331 Pa. 145 , 200 Atl. 632 (1938), accepted without question the proposition "that on a trial for murder where there is no evidence which in the 78 remotest degree points to the offense of manslaughter, the court commits no error in instructing the jury that a verdict of guilty of manslaughter would not be warranted." Commonwealth v. Yeager, 329 Pa. 81, 85 , 196 Atl. 827, 830 (1938); accord Commonwealth v. Carroll, 326 Pa. 135 , 191 Atl. 610 (1937); Commonwealth v. Crossmire, 156 Pa. 304 , 27 Atl. 40 (1893); Commonwealth v. Bucci 1971First, many of our cases decided prior to Commonwealth v. Flax, 331 Pa. 145 , 200 Atl. 632 (1938), accepted without question the proposition "that on a trial for murder where there is no evidence which in the 78 remotest degree points to the offense of manslaughter, the court commits no error in instructing the jury that a verdict of guilty of manslaughter would not be warranted." Commonwealth v. Yeager, 329 Pa. 81, 85 , 196 Atl. 827, 830 (1938); accord Commonwealth v. Carroll, 326 Pa. 135 , 191 Atl. 610 (1937); Commonwealth v. Crossmire, 156 Pa. 304 , 27 Atl. 40 (1893); Commonwealth v. Bucci	5	1937–1971
Commonwealth v. Buccieri green pa · 1893 2 sentences 1971First, many of our cases decided prior to Commonwealth v. Flax, 331 Pa. 145 , 200 Atl. 632 (1938), accepted without question the proposition "that on a trial for murder where there is no evidence which in the 78 remotest degree points to the offense of manslaughter, the court commits no error in instructing the jury that a verdict of guilty of manslaughter would not be warranted." Commonwealth v. Yeager, 329 Pa. 81, 85 , 196 Atl. 827, 830 (1938); accord Commonwealth v. Carroll, 326 Pa. 135 , 191 Atl. 610 (1937); Commonwealth v. Crossmire, 156 Pa. 304 , 27 Atl. 40 (1893); Commonwealth v. Bucci 1971First, many of our cases decided prior to Commonwealth v. Flax, 331 Pa. 145 , 200 Atl. 632 (1938), accepted without question the proposition "that on a trial for murder where there is no evidence which in the 78 remotest degree points to the offense of manslaughter, the court commits no error in instructing the jury that a verdict of guilty of manslaughter would not be warranted." Commonwealth v. Yeager, 329 Pa. 81, 85 , 196 Atl. 827, 830 (1938); accord Commonwealth v. Carroll, 326 Pa. 135 , 191 Atl. 610 (1937); Commonwealth v. Crossmire, 156 Pa. 304 , 27 Atl. 40 (1893); Commonwealth v. Bucci	5	1937–1971
Rosenberg v. Silver green pa · 1953 2 sentences 2015Id. 2006Id. 7 .	2	2006–2015
Pulliam v. Fannie green pa · 2005 2 sentences 2008Pulliam v. Fannie, 850 A.2d 636 (Pa.Super.2004), appeal denied, 583 Pa. 696 , 879 A.2d 783 (Pa.2005). ¶ 7 Cave correctly notes that Pennsylvania courts have previously rejected introduction of industry or government standards in evidence in strict liability actions. 2008Pulliam v. Fannie, 850 A.2d 636 (Pa.Super.2004), appeal denied, 583 Pa. 696 , 879 A.2d 783 (Pa.2005). ¶ 7 Cave correctly notes that Pennsylvania courts have previously rejected introduction of industry or government standards in evidence in strict liability actions.	1	2008–2008
Pulliam v. Fannie green pasuperct · 2004 2 sentences 2008Pulliam v. Fannie, 850 A.2d 636 (Pa.Super.2004), appeal denied, 583 Pa. 696 , 879 A.2d 783 (Pa.2005). ¶ 7 Cave correctly notes that Pennsylvania courts have previously rejected introduction of industry or government standards in evidence in strict liability actions. 2008Pulliam v. Fannie, 850 A.2d 636 (Pa.Super.2004), appeal denied, 583 Pa. 696 , 879 A.2d 783 (Pa.2005). ¶ 7 Cave correctly notes that Pennsylvania courts have previously rejected introduction of industry or government standards in evidence in strict liability actions.	1	2008–2008
Carns v. Yingling green pasuperct · 1991 2 sentences 1994Kelly by Kelly v. Ickes, 427 Pa.Super. 542, 547 , 629 A.2d 1002, 1004 (1993) (citing Carns v. Yingling, 406 Pa.Super. 279 , 594 A.2d 337 (1991)). 1994Kelly by Kelly v. Ickes, 427 Pa.Super. 542, 547 , 629 A.2d 1002, 1004 (1993) (citing Carns v. Yingling, 406 Pa.Super. 279 , 594 A.2d 337 (1991)).	1	1994–1994
Commonwealth, Pennsylvania Liquor Control Board v. Horner green pacommwct · 1985 2 sentences 1988Pennsylvania Liquor Control Board v. Palumbo, 99 Pa. Commonwealth Ct. 73 , 512 A.2d 108 (1986); Pennsylvania Liquor Control Board v. Horner, 88 Pa. Commonwealth Ct. 102 , 488 A.2d 661 (1985). 1988Pennsylvania Liquor Control Board v. Palumbo, 99 Pa. Commonwealth Ct. 73 , 512 A.2d 108 (1986); Pennsylvania Liquor Control Board v. Horner, 88 Pa. Commonwealth Ct. 102 , 488 A.2d 661 (1985).	1	1988–1988
Commonwealth v. Palumbo neutral pacommwct · 1986 2 sentences 1988Pennsylvania Liquor Control Board v. Palumbo, 99 Pa. Commonwealth Ct. 73 , 512 A.2d 108 (1986); Pennsylvania Liquor Control Board v. Horner, 88 Pa. Commonwealth Ct. 102 , 488 A.2d 661 (1985). 1988Pennsylvania Liquor Control Board v. Palumbo, 99 Pa. Commonwealth Ct. 73 , 512 A.2d 108 (1986); Pennsylvania Liquor Control Board v. Horner, 88 Pa. Commonwealth Ct. 102 , 488 A.2d 661 (1985).	1	1988–1988
Commonwealth Ex Rel. Schall v. Schall green pasuperct · 1977 2 sentences 1984Where the trial court commits an error of law, the appellate court will usually remand to allow the trial court to rectify its error, Schall v. Schall, 251 Pa.Super. 262 , 380 A.2d 478 (1977), but in some cases, depending on the evidence, the appellate court may make an award without remand, In Re Custody of Hernandez, supra . 1984Where the trial court commits an error of law, the appellate court will usually remand to allow the trial court to rectify its error, Schall v. Schall, 251 Pa.Super. 262 , 380 A.2d 478 (1977), but in some cases, depending on the evidence, the appellate court may make an award without remand, In Re Custody of Hernandez, supra .	1	1984–1984
Kophazy v. Kophazy green pasuperct · 1980 2 sentences 1982Since that is what the lower court did here, its order must be reversed. 279 Pa.Super. at 380 , 421 A.2d at 250 . 1982Since that is what the lower court did here, its order must be reversed. 279 Pa.Super. at 380 , 421 A.2d at 250 .	1	1982–1982
Commonwealth v. Kiefaber neutral pasuperct · 1962 2 sentences 1974Commonwealth v. Kiefaber, 26 D. & C.2d 451, 11 Bucks 215 (1962), aff’d, 197 Pa.Super. 298 , 179 A.2d 262 (1962). 1974Commonwealth v. Kiefaber, 26 D. & C.2d 451, 11 Bucks 215 (1962), aff’d, 197 Pa.Super. 298 , 179 A.2d 262 (1962).	1	1974–1974
Commonwealth v. Heckathorn green pa · 1968 2 sentences 1971In Commonwealth v. Yeager, 329 Pa. 81, 85 , 196 A. 827 (1938), we said: “. . . [W]here there is no evidence which in the remotest degree points to the offense of manslaughter, the court commits no error 535 in instructing the jury that a verdict of guilty of manslaughter would not be warranted.” That language was quoted with approval in Commonwealth v. Heckathorn, 429 Pa. 534, 541 , 241 A. 2d 97 (1968). 1971In Commonwealth v. Yeager, 329 Pa. 81, 85 , 196 A. 827 (1938), we said: “. . . [W]here there is no evidence which in the remotest degree points to the offense of manslaughter, the court commits no error 535 in instructing the jury that a verdict of guilty of manslaughter would not be warranted.” That language was quoted with approval in Commonwealth v. Heckathorn, 429 Pa. 534, 541 , 241 A. 2d 97 (1968).	1	1971–1971
Commonwealth v. Flax green pa · 1938 2 sentences 1971First, many of our cases decided prior to Commonwealth v. Flax, 331 Pa. 145 , 200 Atl. 632 (1938), accepted without question the proposition "that on a trial for murder where there is no evidence which in the 78 remotest degree points to the offense of manslaughter, the court commits no error in instructing the jury that a verdict of guilty of manslaughter would not be warranted." Commonwealth v. Yeager, 329 Pa. 81, 85 , 196 Atl. 827, 830 (1938); accord Commonwealth v. Carroll, 326 Pa. 135 , 191 Atl. 610 (1937); Commonwealth v. Crossmire, 156 Pa. 304 , 27 Atl. 40 (1893); Commonwealth v. Bucci 1971First, many of our cases decided prior to Commonwealth v. Flax, 331 Pa. 145 , 200 Atl. 632 (1938), accepted without question the proposition "that on a trial for murder where there is no evidence which in the 78 remotest degree points to the offense of manslaughter, the court commits no error in instructing the jury that a verdict of guilty of manslaughter would not be warranted." Commonwealth v. Yeager, 329 Pa. 81, 85 , 196 Atl. 827, 830 (1938); accord Commonwealth v. Carroll, 326 Pa. 135 , 191 Atl. 610 (1937); Commonwealth v. Crossmire, 156 Pa. 304 , 27 Atl. 40 (1893); Commonwealth v. Bucci	1	1971–1971
Horen v. Davis green pa · 1922 2 sentences 1941A trial court commits no error in applying to the facts in evidence the principles and laws of mathematics and directing a verdict where, so applied, they rule the case : Horen v. Davis, Director General, 274 Pa. 244, 250 , 118 A. 22 . 1941A trial court commits no error in applying to the facts in evidence the principles and laws of mathematics and directing a verdict where, so applied, they rule the case : Horen v. Davis, Director General, 274 Pa. 244, 250 , 118 A. 22 .	1	1941–1941
Stone v. Rogers neutral pasuperct · 1901 1 sentence 1924“Replevin cannot be maintaned without showing a general or special property in the plaintiff, together with immediate right of possession, and unless the plaintiff offers evidence to establish his right of immediate possession, the court commits no error in entering a compulsory non-suit:” Stone v. Rogers, 17 Pa. Superior Ct. 358 .	1	1924–1924
Kittanning Borough v. American Natural Gas Co. neutral pa · 1915 1 sentence 1922In an action by a municipality against a public service corporation to recover license fees, where the evidence shows that the aggregate amount of the license fees charged on all companies similarly situated in the borough, and which contributed to the cost of inspection, so greatly exceeded the actual cost of inspection as to warrant a finding that the charges were excessive and to justify the conclusion that the ordinance was unreasonable, the court commits error in charging that the borough authorities were the only tribunal that could decide the amount of the license.” In Kittanning Boroug	1	1922–1922

Where else courts name it

TX 213 (1905–2026) AZ 112 (1964–2026) CA 48 (1903–2026) IL 46 (1961–2026) OH 39 (1999–2025) PA 26 (1922–2023) MI 25 (1977–2025) NC 22 (1952–2025) AL 21 (1846–2017) IN 21 (1916–2014) MO 20 (1958–2020) GA 18 (1945–2023) FL 17 (1898–2025) LA 15 (1976–2025) TN 14 (1999–2018) OR 10 (1999–2025) WA 8 (1957–2019) CO 8 (2000–2025) SC 8 (1984–2015) MS 8 (1928–2024) OK 6 (1947–1967) VT 6 (2010–2023) KS 6 (1876–2021) AR 5 (1948–2008) WV 5 (1906–1982) ME 3 (2015–2021) CT 3 (1990–2016) ND 3 (1948–2016) VI 3 (2009–2017) IA 2 (1925–1936) UT 2 (1993–2006) GU 2 (2023–2023) NY 2 (1986–2018) NE 2 (1944–1980) SD 2 (2019–2019) WY 2 (1990–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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