holding that retroactive application of a criminal sentencing statute years after the crime was committed was impermissible under Pennsylvania law
How later courts described this case
- holding that retroactive application of a criminal sentencing statute years after the crime was committed was impermissible under Pennsylvania law
- “Because appellant was tried, convicted, and sentenced to death under an unconstitutional statute, he must be treated the same as all those persons whose death penalties have been set aside.”
- imposing a sentence of life imprisonment when a statute mandating imposition of the death penalty in certain circumstances was found unconstitutional
- Dissenting Opinion by Larsen, J.
Written by the judges who cited it.
The opinion
NIX, Justice,
concurring.
I agree with the conclusion expressed by Mr. Justice Roberts in his opinion that the sentence of death in this case must be set aside and a life sentence imposed. The sole basis for my conclusion is that the Legislature expressed no intention to apply the Act of September 13, 1978 1 to an offense which occurred in 1974. 1 Pa.C.S. § 1926.
. Act of September 13, 1978, P.L. 756, No. 141, § 1, 42 Pa.C.S.A. § 9711.