Opinion

Commonwealth v. Duden

  • 326 Pa. Super. 73
  • 473 A.2d 614
  • 1984 Pa. Super. LEXIS 4140
Court
Supreme Court of Pennsylvania
Filed
Mar 16, 1984
Status
Published
Author
McEWEN
On the bench
McEwen, Beck, Montemuro
Cited by
25 cases

treating venue as an issue of subject matter jurisdiction and declining to find waiver where appellant neglected to request jury charge on jurisdiction because the issue of subject matter jurisdiction cannot be waived

How later courts described this case

  • treating venue as an issue of subject matter jurisdiction and declining to find waiver where appellant neglected to request jury charge on jurisdiction because the issue of subject matter jurisdiction cannot be waived
  • explaining jurisdiction question may be submitted to jury as fact finder when jurisdiction depends on resolution of certain facts
  • rejecting challenge to proper service of the warrant, as required by Pa.R.Crim.P. 2008 (now 208(A)), where the warrant for the seizure of bank records was served upon the bank’s custodian of records
  • issue of whether trial court considered improper factors in imposing sentence was waived by defendant’s failure to raise objection either at sentencing hearing or in petition to modify sentence

Written by the judges who cited it.

The opinion

*95 McEWEN, Judge,

concurring:

However extended the pause and however concerned the reflection caused by a harsh sentence, this court is powerless to alter the terms of the sentence. With delivery of that observation, I join in the fine opinion of my esteemed colleague, Judge Frank J. Montemuro, Jr.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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