criminal law doctrine (Pennsylvania) · Go Syfert
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criminal law doctrine in Pennsylvania

7 Pennsylvania opinions name it 3 courts 1943–1988 0 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 (2)

CaseFollowedCited
Commonwealth v. Hoffmangreen
pa · 1970 · cited in 4 Pennsylvania opinions naming this issue, 1971–1988
2 sentences

1988Thus, in Commonwealth v. Hoffman, 439 Pa. 348 , 266 A.2d 726 (1970), the Supreme Court said: New propositions are better established in the criminal law than the doctrine that where the evidence would be sufficient to support a conviction of murder, the return of a verdict of voluntary manslaughter is strictly within the jury’s prerogative even in the absence of provocation and passion.

1988Thus, in Commonwealth v. Hoffman, 439 Pa. 348 , 266 A.2d 726 (1970), the Supreme Court said: New propositions are better established in the criminal law than the doctrine that where the evidence would be sufficient to support a conviction of murder, the return of a verdict of voluntary manslaughter is strictly within the jury’s prerogative even in the absence of provocation and passion.

14
Commonwealth v. Hillgreen
pa · 1971 · cited in 1 Pennsylvania opinions naming this issue, 1973–1973
2 sentences

1973See Commonwealth v. Hill, 444 Pa. 323 , 281 A. 2d 859 (1971); Commonwealth v. Harry, 437 Pa. 532 , 264 A. 2d 402 (1970); Commonwealth v. Dennis, 433 Pa. 525 , 252 A. 2d 671 (1969).

1973See Commonwealth v. Hill, 444 Pa. 323 , 281 A. 2d 859 (1971); Commonwealth v. Harry, 437 Pa. 532 , 264 A. 2d 402 (1970); Commonwealth v. Dennis, 433 Pa. 525 , 252 A. 2d 671 (1969).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Hill v. Commonwealth, Pennsylvania Board of Probation & Parole green
pacommwct · 1985
2 sentences

1988Cf. Hill v. Pennsylvania Board of Probation and Parole, 89 Pa. Commonwealth Ct. 140 , 492 A.2d 80 (1985), allowance of appeal denied, 514 Pa. 651 [sic] 524 A.2d 496 (1987) (rules of criminal procedure are inapplicable to the Boards parole revocation process).

1988Cf. Hill v. Pennsylvania Board of Probation and Parole, 89 Pa. Commonwealth Ct. 140 , 492 A.2d 80 (1985), allowance of appeal denied, 514 Pa. 651 [sic] 524 A.2d 496 (1987) (rules of criminal procedure are inapplicable to the Boards parole revocation process).

11988–1988
Commonwealth v. Dennis green
pa · 1969
2 sentences

1973See Commonwealth v. Hill, 444 Pa. 323 , 281 A. 2d 859 (1971); Commonwealth v. Harry, 437 Pa. 532 , 264 A. 2d 402 (1970); Commonwealth v. Dennis, 433 Pa. 525 , 252 A. 2d 671 (1969).

1973See Commonwealth v. Hill, 444 Pa. 323 , 281 A. 2d 859 (1971); Commonwealth v. Harry, 437 Pa. 532 , 264 A. 2d 402 (1970); Commonwealth v. Dennis, 433 Pa. 525 , 252 A. 2d 671 (1969).

11973–1973
Commonwealth v. Harry green
pa · 1970
2 sentences

1973See Commonwealth v. Hill, 444 Pa. 323 , 281 A. 2d 859 (1971); Commonwealth v. Harry, 437 Pa. 532 , 264 A. 2d 402 (1970); Commonwealth v. Dennis, 433 Pa. 525 , 252 A. 2d 671 (1969).

1973See Commonwealth v. Hill, 444 Pa. 323 , 281 A. 2d 859 (1971); Commonwealth v. Harry, 437 Pa. 532 , 264 A. 2d 402 (1970); Commonwealth v. Dennis, 433 Pa. 525 , 252 A. 2d 671 (1969).

11973–1973
Commonwealth v. Commander green
pa · 1970
2 sentences

1971Our inquiry, therefore, ■ is whether, viewing the evidence and the permissible inferences to be drawn therefrom most favorably to the Commonwealth as the verdict winner, Commonwealth v. Commander, 436 Pa. 532 , 260 A. 2d 773 (1970), it was sufficient to sustain a conviction of second degree murder.

1971Our inquiry, therefore, ■ is whether, viewing the evidence and the permissible inferences to be drawn therefrom most favorably to the Commonwealth as the verdict winner, Commonwealth v. Commander, 436 Pa. 532 , 260 A. 2d 773 (1970), it was sufficient to sustain a conviction of second degree murder.

11971–1971
Commonwealth v. Cooney green
pa · 1968
2 sentences

1970Few propositions are better established in the criminal law than the doctrine that where the evidence would be sufficient to support a conviction of murder, the return of a verdict of voluntary manslaughter is *357 strictly within the jury’s prerogative even in the absence of provocation and passion. 3 Appellant seeks to avoid the impact of the rule by distinguishing the instant case from one of our more recent cases restating that doctrine, Commonwealth, v. Cooney, 431 Pa. 153 , 244 A. 2d 651 (1968).

1970Few propositions are better established in the criminal law than the doctrine that where the evidence would be sufficient to support a conviction of murder, the return of a verdict of voluntary manslaughter is *357 strictly within the jury’s prerogative even in the absence of provocation and passion. 3 Appellant seeks to avoid the impact of the rule by distinguishing the instant case from one of our more recent cases restating that doctrine, Commonwealth, v. Cooney, 431 Pa. 153 , 244 A. 2d 651 (1968).

11970–1970
Com. v. Benz., Com. v. Routley green
pa · 1935
2 sentences

1943We said in Com. v. Benz, 318 Pa. 465, 472 , 178 A. 390 : “The evidence must be such as to exclude to a moral certainty, every hypothesis but that of guilt of the offense imputed; the facts and circumstances must not only be consistent with and point to the guilt of the accused, but they must be inconsistent with his innocence.” We reiterated this in Com. v. Bardolph, 326 Pa. 513, 521 , 192 A. 916 .

1943We said in Com. v. Benz, 318 Pa. 465, 472 , 178 A. 390 : “The evidence must be such as to exclude to a moral certainty, every hypothesis but that of guilt of the offense imputed; the facts and circumstances must not only be consistent with and point to the guilt of the accused, but they must be inconsistent with his innocence.” We reiterated this in Com. v. Bardolph, 326 Pa. 513, 521 , 192 A. 916 .

11943–1943
Commonwealth v. Bardoplh green
pa · 1937
2 sentences

1943We said in Com. v. Benz, 318 Pa. 465, 472 , 178 A. 390 : “The evidence must be such as to exclude to a moral certainty, every hypothesis but that of guilt of the offense imputed; the facts and circumstances must not only be consistent with and point to the guilt of the accused, but they must be inconsistent with his innocence.” We reiterated this in Com. v. Bardolph, 326 Pa. 513, 521 , 192 A. 916 .

1943We said in Com. v. Benz, 318 Pa. 465, 472 , 178 A. 390 : “The evidence must be such as to exclude to a moral certainty, every hypothesis but that of guilt of the offense imputed; the facts and circumstances must not only be consistent with and point to the guilt of the accused, but they must be inconsistent with his innocence.” We reiterated this in Com. v. Bardolph, 326 Pa. 513, 521 , 192 A. 916 .

11943–1943

Where else courts name it

TX 25 (1990–2024) CA 17 (1969–2020) WA 10 (1993–2025) MD 7 (1969–2012) PA 7 (1943–1988) NY 7 (1947–1991) OR 6 (1990–2022) MI 5 (1983–2023) NV 4 (2018–2018) NM 4 (1980–1995) VT 3 (1991–2016) AK 3 (2006–2018) NJ 3 (1962–2019) SD 3 (1966–1982) AL 3 (1981–2006) MN 3 (1983–2010) IA 3 (1985–2013) MO 2 (1891–2006) NE 2 (2005–2016) TN 2 (2003–2015) IN 2 (2000–2023) FL 2 (1956–2002) GA 2 (1975–1990) DC 2 (1979–1992) OK 2 (1995–1995) CO 2 (2013–2019) WI 2 (2005–2025) IL 2 (1979–1979)

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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