# Commonwealth v. Harper

> Supreme Court of Pennsylvania · October 16, 1986 · 512 Pa. 155

URL: https://www.frixlaw.com/law-library/cases/9708944

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellant, v. Wesley Leon HARPER, Appellee
- **Court:** Supreme Court of Pennsylvania
- **Decided:** October 16, 1986
- **Citations:** 512 Pa. 155; 516 A.2d 319
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala, Papadakos
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9708944

## How later opinions describe it (automated extraction)

- stating that “for double jeopardy purposes, the underlying felony in a felony-murder prosecution is the ‘same offense’ as the murder; therefore, sentences for both the murder and the underlying felony are prohibited.”

## Opinion text

OPINION OF THE COURT
PER CURIAM.
We hold that our decision in Commonwealth v. Tarver, 493 Pa. 320 , 426 A.2d 569 (1981), does not have retroactive application beyond those cases which were on direct appeal when Tarver was decided, for the reasons set forth in Mr. Justice Papadakos’ opinion in this case. Since Tarver is not applicable to the present case, the majority does not reach or decide the issue of whether Tarver should be overruled on its merits. Mr. Justice Larsen, Mr. Justice McDermott and Mr. Justice Papadakos would overrule Tarver for the reasons stated in the opinion of Mr. Justice Papadakos.
The order of Superior Court, 340 Pa.Super 619, 490 A.2d 11 , is reversed and sentences are reinstated.
PAPADAKOS, J., files a concurring opinion in which LARSEN and McDERMOTT, JJ., join.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9708944. Public record. Not legal advice.