Legal Opinion

Commonwealth v. Petty

Pennsylvania Court of Common Pleas, Blair County

Decided March 30, 1981No. 741 and 742 of 1980Published

1Opinion of the Court

BRUMBAUGH, J.,

—Before us for disposition is defendant’s motion for a psychiatric evaluation and determination of criminal responsibility. Specifically, defendant avers that “he is unable to understand the nature or object of the proceedings against him or that at the time of his offense he was unable to distinguish right from wrong,” accordingly requesting an incompetency examination under section 402 of the Mental Health Procedures Act of July 9, 1976, P.L. 817, as amended, 50 P.S. §7402.

The aforesaid act provides, 50 P.S. §7402(d), that: “The court, either on application or on its own…

2Cases cited11 opinions

  1. Dusky v. United StatesSupreme Court of the United States · 1960
  2. Commonwealth v. NovakSupreme Court of Pennsylvania · 1959
  3. Commonwealth v. HellerSupreme Court of Pennsylvania · 1952
  4. Commonwealth Ex Rel. Cummins v. PriceSupreme Court of Pennsylvania · 1966
  5. Commonwealth v. ReidSupreme Court of Pennsylvania · 1968

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