(DOWNLOAD) "Commonwealth v. Kelly" by Pennsylvania Supreme Court " eBook PDF Kindle ePub Free

eBook details

Title: Commonwealth v. Kelly
Author : Pennsylvania Supreme Court
Release Date : January 21, 1999
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

Description

This Court granted review solely to determine whether the Superior Court erred in reversing appellees convictions for first degree murder on the ground that an instruction to the jury that tracked the language of Section Eighteen of the Pennsylvania Uniform Firearms Act (18 Pa.C.S. 6104) created an impermissible mandatory presumption with respect to a material element of the crime which could not be deemed harmless error. For the reasons that follow, we affirm the order of the Superior Court and remand for a new trial.