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Superior Court of Pennsylvania, 1979

Commonwealth v. Stockard

Commonwealth v. Stockard
Superior Court of Pennsylvania · Decided March 16, 1979 · Consideration, Former, Hoffman, Jacobs, Price, Spaeth
266 Pa. Super. 621; 405 A.2d 544

Commonwealth v. Stockard

Opinion of the Court

Judgments of sentence affirmed.

Dissenting Opinion

Dissenting statement by

PRICE, J.:

Where the Commonwealth seeks to toll the statute of limitations by establishing one of the exceptions discussed by the majority, it must allege the exception in the indictment or information. Commonwealth v. Bender, 251 Pa.Super. 454, 380 A.2d 868 (1977); Commonwealth v. Creamer, 236 *622Pa.Super. 168, 345 A.2d 212 (1974); Commonwealth v. Cody, 191 Pa.Super. 354, 156 A.2d 620 (1959). The informations involved in this appeal contain no such allegation. I believe the judgments of sentence must be reversed and appellant discharged.

SPAETH/ J. joins in this dissenting statement. JACOBS, former P. J., and HOFFMAN, J., did not participate in the consideration or decision of this case.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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