Legal Opinion · Concurring in part, dissenting in part

Bell Appeal

Supreme Court of Pennsylvania

Decided July 2, 1959No. Appeals, 55, 56 and 57Published

1Concurring in part, dissenting in part

Concurring and Dissenting Opinion by

Mr. Justice Musmanno :

I concur in the opinion of the Court on the question of appellate review on certiorari.

I dissent, however, from the Majority’s conclusions on the merits of the case. I believe the facts do not warrant the conclusion reached by the County Court. In any event it is simply inescapable that the penalties imposed against the three policemen in this case are unreasonable to the point of unfairness and cruelty.

Here are three men who have devoted their respective lives to the profession of police officers; they are trained for this type of…

2Cases cited2 opinions

  1. Thomas v. ConnellSupreme Court of Pennsylvania · 1919
  2. American Fruit Growers, Inc. v. S. T. Runzo & Co.District Court, W.D. Pennsylvania · 1951

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