Commonwealth v. McCleary

Superior Court of Pennsylvania

Commonwealth v. McCleary

323 A.2d 243, 228 Pa. Super. 224, 1974 Pa. Super. LEXIS 1574

CourtSuperior Court of Pennsylvania

DecidedJune 21, 1974

DocketAppeal, No. 41

StatusPublished

Cited by2 cases

This text of 323 A.2d 243 (Commonwealth v. McCleary) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. McCleary, 323 A.2d 243, 228 Pa. Super. 224, 1974 Pa. Super. LEXIS 1574 (Pa. Ct. App. 1974).

Pincite

Opinion

Per Curiam,

This is an appeal from the judgment of sentence of the Court of Common Pleas of Franklin County after conviction by a jury of assault and battery and indecent exposure; and from the refusal of post-trial motions.

The court refused to permit alibi witnesses to testify because of the failure of the defendant to comply with Rule 312, Pennsylvania Rules of Criminal Procedure, requiring five days notice of the defense of alibi. Commonwealth v. Contakos, 455 Pa. 136, 314 A. 2d 259 (1974), was decided by the Supreme Court subsequent to the trial of this case but prior to its finalization on appeal, on January 24, 1974, holding the rule in question to be unconstitutional.

The judgment of sentence is reversed and a new trial ordered.

Hoffman, J., took no part in the decision of this case.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion

Per Curiam,

This is an appeal from the judgment of sentence of the Court of Common Pleas of Franklin County after conviction by a jury of assault and battery and indecent exposure; and from the refusal of post-trial motions.

The court refused to permit alibi witnesses to testify because of the failure of the defendant to comply with Rule 312, Pennsylvania Rules of Criminal Procedure, requiring five days notice of the defense of alibi. Commonwealth v. Contakos, 455 Pa. 136, 314 A. 2d 259 (1974), was decided by the Supreme Court subsequent to the trial of this case but prior to its finalization on appeal, on January 24, 1974, holding the rule in question to be unconstitutional.

The judgment of sentence is reversed and a new trial ordered.

Hoffman, J., took no part in the decision of this case.

Cite This Page — Counsel Stack

Bluebook (online)

323 A.2d 243, 228 Pa. Super. 224, 1974 Pa. Super. LEXIS 1574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mccleary-pasuperct-1974.

Opinion

Related

Cite This Page — Counsel Stack