Commonwealth v. Demmitt, Jr., Cross
This text of Commonwealth v. Demmitt, Jr., Cross (Commonwealth v. Demmitt, Jr., Cross) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
COMMONWEALTH OF PENSYLVANIA, : No. 26 MAL 2015 : Respondent : Petition for Allowance of Appeal from the : Unpublished Order of the Superior Court : v. : : : HARVEY ELWOOD DEMMITT, JR., : : Cross Petitioner :
ORDER
PER CURIAM DECIDED: July 28, 2015 AND NOW, this 28th day of July, 2015, the Petition for Allowance of Appeal is
GRANTED, and the Superior Court’s Order is VACATED. In ordering a new trial, the
Superior Court failed to address Petitioner’s first two issues on appeal to that court — a
challenge to the sufficiency of the evidence, and a constitutional challenge to the implicated
statute — which, if meritorious, may warrant Petitioner’s discharge. Accordingly, the
matter is REMANDED to the Superior Court to address the above two issues before
addressing, if necessary, the remaining issues raised before it.
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Commonwealth v. Demmitt, Jr., Cross, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-demmitt-jr-cross-pa-2015.