Legal Opinion · Concurrence

Commonwealth v. Litman

Superior Court of Pennsylvania

Decided September 11, 1958No. Appeals, 17 to 27Published

1Concurrence

Concurring Opinion by

Rhodes, P. J.:

I fully agree with the Court’s opinion and the conclusion reached. However, I deem it advisable to refer to one matter which has not been discussed as the question was not raised. In order that the Court’s opinion may not be misconstrued as a precedent, I think it appropriate to point out that this is a case which falls within the exception to the general rule that appeals cannot be taken in criminal cases prior to judgment of sentence or some other final disposition. An exception is made where the circumstances are unusual and justice requires the exercise…

2Cases cited7 opinions

  1. Commonwealth v. TrunkSupreme Court of Pennsylvania · 1932
  2. Com. Ex Rel. Paige v. Smith, WardenSuperior Court of Pennsylvania · 1938
  3. Commonwealth v. FoxSuperior Court of Pennsylvania · 1956
  4. Commonwealth v. HeintzSuperior Court of Pennsylvania · 1956
  5. Commonwealth v. MooreSuperior Court of Pennsylvania · 1952

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