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6 Pennsylvania opinions name it 3 courts 1979–2003 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.
| Case | Followed | Cited |
|---|---|---|
McKelvey v. United Statesgreen2 sentences2003See McArthur, 108 F.3d at 1353 (explaining that “a narrow proviso to a more general statutory offense is more likely to be an affirmative defense than an element of the offense”); accord McKelvey v. United States, 260 U.S. 353, 357 , 43 S.Ct. 132, 134 , 67 L.Ed. 301 (1922) (“an indictment ... founded on a general provision defining the elements of an offense ... need not negative the matter of an exception made by a proviso or other distinct clause, whether in the same section or elsewhere”). 2003See McArthur, 108 F.3d at 1353 (explaining that “a narrow proviso to a more general statutory offense is more likely to be an affirmative defense than an element of the offense”); accord McKelvey v. United States, 260 U.S. 353, 357 , 43 S.Ct. 132, 134 , 67 L.Ed. 301 (1922) (“an indictment ... founded on a general provision defining the elements of an offense ... need not negative the matter of an exception made by a proviso or other distinct clause, whether in the same section or elsewhere”). | 3 | 5 |
Commonwealth v. Bigelowgreen2 sentences1996“It is constitutionally permissible to shift to the accused the duty of producing evidence of facts constituting an exception to or exemption from liability when such dispensation *483 exists separately from the statutory or contractual definition of the basic cause of action; [i.e.,] when the exception or exemption is stated in a proviso or other distinct clause ____” Hudson, 38 D. & C.3d at 252-53 (emphasis added); Commonwealth v. Bigelow, 484 Pa. 476 , 399 A.2d 392 (1979). 1996“It is constitutionally permissible to shift to the accused the duty of producing evidence of facts constituting an exception to or exemption from liability when such dispensation *483 exists separately from the statutory or contractual definition of the basic cause of action; [i.e.,] when the exception or exemption is stated in a proviso or other distinct clause ____” Hudson, 38 D. & C.3d at 252-53 (emphasis added); Commonwealth v. Bigelow, 484 Pa. 476 , 399 A.2d 392 (1979). | 1 | 2 |
United States v. McArthurgreen2 sentences2003See McArthur, 108 F.3d at 1353 (explaining that “a narrow proviso to a more general statutory offense is more likely to be an affirmative defense than an element of the offense”); accord McKelvey v. United States, 260 U.S. 353, 357 , 43 S.Ct. 132, 134 , 67 L.Ed. 301 (1922) (“an indictment ... founded on a general provision defining the elements of an offense ... need not negative the matter of an exception made by a proviso or other distinct clause, whether in the same section or elsewhere”). 2003See McArthur, 108 F.3d at 1353 (explaining that "a narrow proviso to a more general statutory offense is more likely to be an affirmative defense than an element of the offense"); accord McKelvey v. United States, 260 U.S. 353, 357 , 43 S.Ct. 132, 134 , 67 L.Ed. 301 (1922) ("an indictment ... founded on a general provision defining the elements of an offense... need not negative the matter of an exception made by a proviso or other distinct clause, whether in the same section or elsewhere"). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. McNeil
green
2 sentences1996Finally, in deciding who has the burden of proof for an integral part of an offense, the Hudson court stated the following: “[T]he Commonwealth has the burden of negating the exception, both by producing evidence on the issue and by persuasion of the fact-finder beyond a reasonable doubt.” Hudson, 38 D. & C.3d at 254 (citing McNeil, 461 Pa. at 713-15 , 337 A.2d at 843 ). 1996Finally, in deciding who has the burden of proof for an integral part of an offense, the Hudson court stated the following: “[T]he Commonwealth has the burden of negating the exception, both by producing evidence on the issue and by persuasion of the fact-finder beyond a reasonable doubt.” Hudson, 38 D. & C.3d at 254 (citing McNeil, 461 Pa. at 713-15 , 337 A.2d at 843 ). | 1 | 1996–1996 |
In Re WINSHIP
green
1 sentence1985In Re Winship, 25 LEd2d 368 (1970); Mullaney v. Wilbur, 44 LEd2d 508 (1975); Commonwealth v. Thompson, 27 Somerset L. | 1 | 1985–1985 |
Patterson v. New York
green
1 sentence1985It is constitutionally permissible to shift to the accused the duty of producing evidence of facts constituting an exception to or exemption from liability when such dispensation exists separately from the statutory or contractual definition of the basic cause of action; that is, as stated in Bigelow, quoted supra, when the exception or exemption is stated in ... a proviso or other distinct clause, whether in the same section or elsewhere ...” Patterson v. New York, 53 LEd2d 281 (1977). | 1 | 1985–1985 |
Mullaney v. Wilbur
green
1 sentence1985In Re Winship, 25 LEd2d 368 (1970); Mullaney v. Wilbur, 44 LEd2d 508 (1975); Commonwealth v. Thompson, 27 Somerset L. | 1 | 1985–1985 |