238 PASUPER 336 - Commonwealth v. Yaple

How this case has been cited

Cited by 9 later decisions — most recently November 2024

3 federal appellate · 6 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

Hoffman, J.:

¶2I agree that appellant was properly convicted of simple assault1 and possession of a firearm by a person convicted of a crime of violence.2 In regard to appellant’s conviction for possession of a concealed firearm without a license,3 I continue to adhere to the view expressed in my Dissenting Opinion in Commonwealth v. Williams, 237 Pa. Superior Ct. 91, 96, 346 A.2d 308, 311 (1975), that the Commonwealth has the burden of proving the absence of a license by virtue of the definitional provisions of the new Crimes Code, and that the retroactivity of Commonwealth v. McNeil, 461 Pa. 709, 337 A.2d 840 (1975), is an issue only in cases arising under the 1939 Penal Code. However, I believe that evidence of a prior conviction provides a sufficient basis to enable the fact-finder to infer that appellant did not have a license.

¶3Spaeth, J., joins in this concurring opinion.

¶4. Act of December 6, 1972, P.L. 1482, No. 334, §1; 18 Pa. C.S. §2701.

¶5. Act of December 6, 1972, supra; 18 Pa.C.S. §6105.

¶6. Act of December 6, 1972, supra; 18 Pa.C.S. §6106.