# Commonwealth v. Karash

> Superior Court of Pennsylvania · November 16, 2017 · 175 A.3d 306

URL: https://www.frixlaw.com/law-library/cases/9879275

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Frederick W. KARASH, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** November 16, 2017
- **Citations:** 175 A.3d 306
- **Precedential status:** Published
- **Opinion:** Concurrence by Ott
- **Judges:** Bowes, Lazarus, Ott
- **Cited by:** 9 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/9879275

## Opinion text

CONCURRING STATEMENT BY
OTT, J.: I am constrained to agree with the Majority that the decision in Banellis is controlling, and accordingly, we must reverse the appellant’s judgment of sentence.
Nevertheless, I agree with the comment of the Williams Court that this interpretation of the statute will lead to an “absurd result.” Williams, supra, 872 A.2d at 189. Indeed, I find it difficult to believe the legislature, when enacting this statute, intended to require the Commonwealth to prove a negative in every prosecution under this section.
Judge Lazarus joins the concurring statement.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9879275. Public record. Not legal advice.