Superior Court of Pennsylvania· 6/24/1975
Commonwealth v. Duffy
Citations
- 235 Pa. Super. 413
- 340 A.2d 869
- 1975 Pa. Super. LEXIS 1629
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Commonwealth failed to prove Duffy constructively possessed a gun and contraband found in a car that was not his, and in which he was just a passenger, where there was no evidence establishing Duffy knew about the gun and contraband
- identifying date of charged criminal activity as October 19, 1972 – 48 days before the modern Crimes Code was enacted
- gun recovered “far underneath passenger’s side of front seat” during consent search of vehicle; evidence failed to demonstrate appellant/passenger “knew of presence of contraband” and Commonwealth did not object to granting appellant relief
- Commonwealth failed to prove that defendant knew of the presence of apistol underneath the passenger's side of the seat, amask and gloves in the glove compartment, and burglary tools in the rear of the car
Source: CourtListener parenthetical corpus (CC0).
Judges: Cercone, Hoffman, Jacobs, Price, Spaeth, Voort, Watkins
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Cites
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