· 4/22/1976
Commonwealth v. Landy
Citations
- 240 Pa. Super. 458
- 362 A.2d 999
- 1976 Pa. Super. LEXIS 1949
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that certain forfeiture proceedings not “criminal proceedings” that require the full panoply of rights due criminal defendants
- holding that “[o]n issues of evidence, [forfeiture] proceedings should be treated as civil proceedings with the Commonwealth having the burden of proving the material allegations by a preponderance of the evidence only.”
- “... we note that Pennsylvania case law has consistently required the Commonwealth to prove their forfeiture case by a preponderance of the evidence.”
- “It is not only the policy of the Controlled Substance, Drug, Device and Cosmetic Act, but also the policy of our criminal law to deprive a criminal of the fruits of his illegal act.”
- proceeds directly derived from and traceable to the sale of illegal pills
Source: CourtListener parenthetical corpus (CC0).
Judges: Watkins, Jacobs, Hoffman, Cercone, Price, Van Voort Spaeth, Spaeth
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.