Commonwealth v. Fanelli

I concur in the result reached by the majority. This case presents two significant issues for review. First, did the Commonwealth establish that appellant’s offenses were committed within the statute of limitations period? Second, did the Commonwealth deny the appellant due process of law by failing to fix the date of the offense with reasonable certainty (the Devlin issue)? Commonwealth v. Devlin, 460 Pa. 508, 333 A.2d 888 (1975).

The case sub judice raises these two questions as distinct issues. The majority’s discussion merges the two independent issues and errs in not considering them…