Legal Opinion · Concurring in part, dissenting in part

Commonwealth v. BETHEA

Supreme Court of Pennsylvania

Decided October 12, 1971No. Appeals, 384, 390 and 391Published

1Concurring in part, dissenting in part

*181Concurring and Dissenting Opinion by

Mr. Justice Pomeroy :

The majority opinion relative to the appeals at Nos. 384 and 390, sub silentio, gives retroactive application to the decision of Baldwin v. New York, 399 U.S. 66, 26 L. Ed. 2d 437 (1970), in which the United States Supreme Court held that a right to jury trial must he provided where the defendant is charged with an offense for which the punishment prescribed may be imprisonment for a period in excess of six months. This result is reached by reading the Baldwin six months rule into the requirement of a right to jury trial for serious…

2Cases cited9 opinions

Stovall v. DennoSupreme Court of the United States · 1967
Duncan v. LouisianaSupreme Court of the United States · 1968
Desist v. United StatesSupreme Court of the United States · 1969
Bloom v. IllinoisSupreme Court of the United States · 1968
Baldwin v. New YorkSupreme Court of the United States · 1970

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