Legal Opinion
Commonwealth v. Spisak
Pennsylvania Court of Common Pleas, Somerset County
Decided December 5, 1974No. 187 Criminal, 1974PublishedCited by 4 opinions
1Opinion of the Court
COFFROTH, P. J.,
The issue here is whether the court may order forfeiture of a pistol carried by defendant in his car, without license, and seized when he was arrested.
The Commonwealth has filed a petition to forfeit the pistol. Forfeiture may be tried on the Commonwealth’s petition to forfeit, or on the owner’s application for return: Commonwealth v. Blythe, 178 Pa. Superior Ct. 575, 578 (appeal from this Court); Pa. R. Crim. P. 324.
Defendant pleaded guilty to the charge and was placed on probation; at the sentence hearing he objected to forfeiture and requested return of the pistol. We…
2Cases cited44 opinions
- United States v. JeffersSupreme Court of the United States · 1951
- One 1958 Plymouth Sedan v. PennsylvaniaSupreme Court of the United States · 1965
- Trupiano v. United StatesSupreme Court of the United States · 1948
- The PalmyraSupreme Court of the United States · 1827
- Commonwealth v. KatesSupreme Court of Pennsylvania · 1973
39 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Commonwealth, Aplt v. Irland, J (Semi-Auto Pistol)Supreme Court of Pennsylvania · 2018
- Com. v. J. Irland Smith and Wesson 9MM Semi-Automatic Pistol, Serial PDW0493Commonwealth Court of Pennsylvania · 2017
- Commonwealth v. PerezCommonwealth Court of Pennsylvania · 2008
- Commonwealth v. PerezCommonwealth Court of Pennsylvania · 2008