349 Pa. Super. 345 - Commonwealth v. Baysore’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “With respect to the theft conviction, appellant argues that the 1982 amendment of the statute of limitations should not be applied to a crime which occurred in 1981. We look first to the terms of the statute, itself, for guidance. By way of Act 122 of 1982, the Pennsylvania legislature amended 42 Pa.C.S. § 5552(b), such that a prosecution for theft must be commenced within five years after it is committed. Act of May 13, 1982, P.L. 417, No. 122. This amendment became effective July 12, 1982. Id., § 4(a). The legislature did not specify whether, once effective, the Act was to be applied to thefts occurring before July 12, 1982 or only to thefts occurring on or after its effective date. The Statutory Construction Act of 1972, 1 Pa.C.S. § 1501 et seq, provides that no statute shall be construed to be retroactive “unless clear ly and manifestly so intended by the General Assembly.” 1 Pa.C.S. § 1926. In stating when the 1982 amendment was to become effective the legislature made no explicit mention of retroactivity. It did not use the word “retroactive,” nor did it say that it should be applied to crimes occurring before its effective date. The legislature merely stated “Section 1 shall take effect in 60 days.” Act of May 13, 1982, P.L. 417, No. 122, § 4(a). On its face, then, we see no clear and manifest expression of a legislative intent that the amendment be applied retroactively. * * * * * * The principle embodied in the Statutory Construction Act, that the legislature must cl”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Johnson