198 PASUPER 595 - Commonwealth v. Pouls

How this case has been cited

Cited by 17 later decisions — most recently February 1980

17 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Concurring Opinion by

Montgomery, J.:

¶2I find myself with serious conflicting feelings in this case. On the one hand, I fail to see any merit to appellant’s plea for a new trial. The reference to the Elmo Smith case does not justify one, and the evidence is sufficient to sustain the convictions. On the other hand, I am sympathetic to his appeal for help from the effect of his sentence, which is grossly excessive in the light of the facts of the case, the age of the appellant, and his prior record of conduct.

¶3Although I am always reluctant to interfere with the exercise of discretion by a trial judge, particularly in the matter of sentencing one convicted of crime, I am constrained to do so in this case.

¶4Therefore, on the authority of Commonwealth v. Green, 396 Pa. 137, 151 A. 2d 241, and Commonwealth v. Bilinski, 190 Pa. Superior Ct. 401, 154 A. 2d 322, I *605would remand this case to the lower court for resentencing.