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· 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 CourtListener

Sourced 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.