# Commonwealth v. Story

> Supreme Court of Pennsylvania · December 28, 1981 · 497 Pa. 273

URL: https://www.frixlaw.com/law-library/cases/9749475

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Stanton STORY, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** December 28, 1981
- **Citations:** 497 Pa. 273; 440 A.2d 488; 1981 Pa. LEXIS 1145
- **Precedential status:** Published
- **Opinion:** Concurrence by Nix
- **Judges:** O'Brien, Roberts, Nix, Larsen, Flaherty, Kauffman, Wilkinson
- **Cited by:** 35 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/9749475

## How later opinions describe it (automated extraction)

- holding that retroactive application of a criminal sentencing statute years after the crime was committed was impermissible under Pennsylvania law

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9749475. Public record. Not legal advice.