# Commonwealth v. Keys

> Superior Court of Pennsylvania · April 8, 1983 · 313 Pa. Super. 410

URL: https://www.frixlaw.com/law-library/cases/9757841

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Michael KEYS, Appellant; COMMONWEALTH of Pennsylvania v. Kerry McNEIL, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** April 8, 1983
- **Citations:** 313 Pa. Super. 410; 460 A.2d 253; 1983 Pa. Super. LEXIS 2865
- **Precedential status:** Published
- **Opinion:** Concurrence by Spaeth
- **Judges:** Spaeth, Wickersham and Cirillo
- **Cited by:** 11 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/9757841

## How later opinions describe it (automated extraction)

- applying Bass to criminal case but finding that untimely filing was not due to non-negligent conduct

## Opinion text

SPAETH, Judge,
concurring:
I don’t agree that Commonwealth v. Brown, 264 Pa.Super. 127 , 399 A.2d 699 (1979), is distinguishable: both there and in this case the error was to omit typing the number of a bill or information on the notice of appeal. In my view the appeals should be quashed on the authority of Bass v. Commonwealth, 485 Pa. 256 , 401 A.2d 1133 (1979), which I regard as sub silentio overruling Brown . In Bass the Supreme Court reaffirmed the rule that “[t]he negligence of an appellant, or an appellant’s counsel, or an agent of appellant’s counsel, has not been considered a sufficient excuse for the failure to file a timely appeal.” Id., 485 Pa. at 259 , 401 A.2d at 1135 . Here, both appellants were negligent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9757841. Public record. Not legal advice.