special plea bar (Pennsylvania) · Go Syfert
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special plea bar in Pennsylvania

6 Pennsylvania opinions name it 2 courts 1904–1983 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 (1)

CaseFollowedCited
Com. v. Hogangreen
pa · 1978 · cited in 1 Pennsylvania opinions naming this issue, 1983–1983
2 sentences

1983See Commonwealth v. Hogan, 482 Pa. 333 , 393 A.2d 1133 (1978); 21 Am.Jur.2d Criminal Law §§ 449, 458; Black’s Law Dictionary 123 (rev. 5th ed. 1979); 4 W.

1983See Commonwealth v. Hogan, 482 Pa. 333 , 393 A.2d 1133 (1978); 21 Am.Jur.2d Criminal Law §§ 449, 458; Black’s Law Dictionary 123 (rev. 5th ed. 1979); 4 W.

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 (9)

CaseCitedYears
Commonwealth v. Bolden green
pa · 1977
2 sentences

1977The claim of double jeopardy is a special plea in bar and consequently ". . . must be specially pleaded in the trial court, and may not be raised under a plea of not guilty . . . entered prior to . . . (a) second trial." See Commonwealth v. Bolden, 472 Pa. 602 , --- n. 5, 373 A.2d 90 , 94 n. 5 (filed April 19, 1977) (Dissenting Opinion, Nix, J., joined by O'Brien, J.) citing Commonwealth ex rel.

1977The claim of double jeopardy is a special plea in bar and consequently ". . . must be specially pleaded in the trial court, and may not be raised under a plea of not guilty . . . entered prior to . . . (a) second trial." See Commonwealth v. Bolden, 472 Pa. 602 , --- n. 5, 373 A.2d 90 , 94 n. 5 (filed April 19, 1977) (Dissenting Opinion, Nix, J., joined by O'Brien, J.) citing Commonwealth ex rel.

11977–1977
Commonwealth ex rel. Wallace v. Burke green
pasuperct · 1951
2 sentences

1977Wallace v. Burke, 169 Pa.Super. 633, 636 , 84 A.2d 254 (1951).

1977Wallace v. Burke, 169 Pa.Super. 633, 636 , 84 A.2d 254 (1951).

11977–1977
Heikes v. Commonwealth neutral
pa · 1856
1 sentence

1926To the same effect, see Com. v. Evans, 45 Pa. Superior Ct. 174 ; Heikes v. Com., 26 Pa. 513, 515 .

11926–1926
Commonwealth v. Evans neutral
pasuperct · 1911
1 sentence

1926To the same effect, see Com. v. Evans, 45 Pa. Superior Ct. 174 ; Heikes v. Com., 26 Pa. 513, 515 .

11926–1926
Commonwealth v. Lloyd green
pa · 1891
1 sentence

1926He filed a special plea of former conviction, in addition to the plea of not guilty, and without taking .any testimony, the Commonwealth admitted that the facts set forth in the special plea at bar of autrefois convict were true; whereupon the court directed a verdict of not guilty under the special plea, basing its action on the decision of the Supreme Court in Com. v. Lloyd, 141 Pa. 28 , which holds that the conviction of a man of fornication in the county where the child was begotten is ¡a bar to his indictment for bastardy, growing out of the same illicit act of carnal intercourse, in the

11926–1926
Commonwealth v. Gabor green
pa · 1904
1 sentence

1923It is urged, however, that we have authority to entertain this appeal and in support of that, proposition the appellant cites Com. v. Gabor, 209 Pa. 201 .

11923–1923
Commonwealth v. Shoener neutral
pa · 1905
1 sentence

1906Shoener, No. 75, March Term, 1903, of the court of quarter sessions of the county of Schuylkill, and the review thereof- by the Supreme Court of Pennsylvania on appeal to No. 286, January Term, 1904, reported 212 Pa. 527 , and upon the record so pleaded prayed judgment of the court if he ought to be put further to answer the present indictment.

11906–1906
Zion Church of the Evangelical Ass'n of North America v. Light neutral
pasuperct · 1898
1 sentence

1904In Zion Church v. Light, 7 Pa. Superior Ct. 223 , we said (p. 227) : “ Section 7 of the procedure act of May 25,1887, abolishes special pleading and provides that ‘ the only plea in the action of trespass shall be not guilty.’ Anything set forth in the so-called special plea in bar, which was legal evidence, could have been introduced under the general plea.” In Fisher v. Paff, 11 Pa. Superior Ct. 401 , we said (p. 405) : “ The defendant under his plea of the general issue, could offer any evidence which would have been admissible under a special plea, and the plaintiff could present any testi

11904–1904
Fisher v. Paff green
pasuperct · 1899
1 sentence

1904In Zion Church v. Light, 7 Pa. Superior Ct. 223 , we said (p. 227) : “ Section 7 of the procedure act of May 25,1887, abolishes special pleading and provides that ‘ the only plea in the action of trespass shall be not guilty.’ Anything set forth in the so-called special plea in bar, which was legal evidence, could have been introduced under the general plea.” In Fisher v. Paff, 11 Pa. Superior Ct. 401 , we said (p. 405) : “ The defendant under his plea of the general issue, could offer any evidence which would have been admissible under a special plea, and the plaintiff could present any testi

11904–1904

Where else courts name it

GA 19 (1909–2022) VA 8 (1919–2025) MI 7 (1886–1986) PA 6 (1904–1983) WV 5 (1895–1984) HI 4 (1964–2024) AL 3 (1848–1948) MT 3 (1934–1956) ME 3 (1829–1956) IL 3 (1933–1960) MO 2 (1898–1902) LA 2 (1950–2001) MD 2 (1907–2017) CA 2 (1907–1928) TX 2 (1988–1990)

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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