Legal Opinion · Concurrence

Commonwealth v. McPhail

Supreme Court of Pennsylvania

Decided April 1, 1997No. 49 W.D. Appeal Docket 1995Published

1ConcurrenceCappy, J.

I concur in the result reached by the majority. I write to emphasize two points: 1) that at common law, the subject matter jurisdiction of the trial courts was not limited to crimes which occurred in the county in which the court sat and 2) even if there were such a common law rule, it was abrogated by the enactment of Article V, Section 5 of the Constitution of 1968 and 42 Pa.C.S.A. § 931.

Both the majority and the dissent seem to accept the proposition that at common law the subject matter jurisdiction of the courts of common pleas was limited to crimes which occurred within the county in…

2Cases cited27 opinions

  1. Commonwealth v. BracaliellySupreme Court of Pennsylvania · 1995
  2. McGinley v. ScottSupreme Court of Pennsylvania · 1960
  3. State v. DiPaoloSupreme Court of New Jersey · 1961
  4. Commonwealth v. MoonSupreme Court of Pennsylvania · 1955
  5. Moers v. City of ReadingSupreme Court of Pennsylvania · 1853

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