282 Pa. Super. 354 - Commonwealth v. Eberts’s Empirical Analysis

Citation profile

52 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The doctrine of merger applies when one crime ‘necessarily involves’ another. Commonwealth ex. rel. Moszczynski v. Ashe, 343 Pa. 102 , 21 A.2d 920 (1941), Commonwealth v. Olsen, 247 Pa.Super. 513 , 372 A.2d 1207 (1977). It is also well settled that for one crime to necessarily involve another, the essential elements of one must be the essential elements of the other. Commonwealth v. Olsen, supra, Commonwealth v. Farmer, 244 Pa.Super. 334 , 368 A.2d 748 (1976). That is, if no additional facts are needed to prove the additional offense, it merges into the primary offense for sentencing purposes. Only one sentence may thereafter be imposed. See Commonwealth v. Nelson, 452 Pa. 275 , 305 A.2d 369 (1973), Commonwealth v. Cox, 209 Pa.Super. 457 , 228 A.2d 30 (1967), Commonwealth v. Turner, 265 Pa.Super. 486 , 402 A.2d 542 (1979).”

   1 later decision quote this exact passage · from the majority
   e.g. 421 Pa. Super. 247 - Commonwealth v. Berrena

2. ““(a)(1) . . . (ii) threatens another with or intentionally puts him in fear of immediate serious bodily injury;” 18 Pa.C.S.A. § 3701(a)(l)(ii) (Supp.1982-83).”

   1 later decision quote this exact passage · from the majority
   e.g. 303 Pa. Super. 284 - Commonwealth v. Walls