[Download] "Commonwealth Pennsylvania v. James Bigelow" by Supreme Court of South Dakota # eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth Pennsylvania v. James Bigelow
- Author : Supreme Court of South Dakota
- Release Date : January 16, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
These two appeals involve the application of our decision in Commonwealth v. McNeil, 461 Pa. 709, 337 A.2d 840 (1975), to section 6108 of the Uniform Firearms Act, 18 Pa.C.S.A. ? 6108 (1973), and its predecessor, 18 P.S. ? 4628(e.2). In McNeil, this Court held that the Commonwealth has the burden of affirmatively proving in prosecutions for carrying firearms without a license under former section 4628(e) of the Act, now codified at 18 Pa.C.S.A. ? 6106, that the weapon involved was not licensed. We are asked to extend that burden to cases involving section 6108s prohibition upon carrying firearms on public streets or public property in Philadelphia. For the reasons that follow, we believe that the McNeil decision is not applicable to prosecutions under section 6108 or its predecessor, section 4628(e.2).