Commonwealth v. Nole

15 Citing cases

  1. Commonwealth v. Haag

    522 Pa. 388 (Pa. 1989)   Cited 29 times
    Holding that the disposition of the cases against appellants's co-defendants, one of whom received life imprisonment, "has no bearing upon appellant's sentence"

    The time of death in a murder case is not, however, one of the elements of the crime of murder. See generally Commonwealth v. Nole, 448 Pa. 62, 64, 292 A.2d 331, 332 (1972); Commonwealth v. Burns, 409 Pa. 619, 626, 187 A.2d 552, 556 (1963). It is not necessary, therefore, that the time of death be proved beyond a reasonable doubt.

  2. Com. v. Williams

    476 Pa. 557 (Pa. 1978)   Cited 60 times
    Noting that evidence that the victim was suffocated during sex supported the conclusion that force was used to engage in intercourse

    It must be remembered that the burden of proof upon the Commonwealth has never been construed to require it to eliminate every conceivable hypothesis of innocence. Commonwealth v. Nole, 448 Pa. 62, 292 A.2d 331 (1972); Commonwealth v. Libonati, 346 Pa. 504, 31 A.2d 95 (1943). 18 Pa.C.S.A. § 2901(a) (1973).

  3. Commonwealth v. Hicks

    466 Pa. 499 (Pa. 1976)   Cited 26 times
    In Hicks, this Court rejected the defendant's assertion that the evidence of causation of death was legally insufficient because the coroner had testified that the decedent had been drinking prior to the beating, and that the beating complicated a pre-existing heart condition thus, causing death.

    The Commonwealth must prove that appellant's blows were the legal cause of death beyond a reasonable doubt. Commonwealth v. Baker, 466 Pa. 382, 353 A.2d 406 (1976); Commonwealth v. Bamber, 463 Pa. 216, 344 A.2d 799 (1975); Commonwealth v. Stafford, 451 Pa. 95, 301 A.2d 600 (1973); Commonwealth v. Odom, 448 Pa. 474, 295 A.2d 331 (1972); Commonwealth v. Nole, 448 Pa. 62, 292 A.2d 331 (1972). However, causation is an issue of fact for the jury to decide.

  4. Commonwealth v. Nole

    461 Pa. 314 (Pa. 1975)   Cited 26 times
    Denying PCRA relief

    Appellant, John Frederick Nole, was convicted by a jury on May 21, 1970, of carrying a concealed deadly weapon, aggravated robbery, burglary and murder in the first degree. Post-verdict motions were denied and the appellant was sentenced to a term of life imprisonment. On direct appeal, this Court affirmed the judgments of sentence. Commonwealth v. Nole, 448 Pa. 62, 292 A.2d 331 (1972). Appellant subsequently filed a petition for relief under the Post Conviction Hearing Act. An evidentiary hearing was held and the relief requested was denied on November 1, 1973. Appellant now appeals to this Court.

  5. Commonwealth v. Hamilton

    459 Pa. 304 (Pa. 1974)   Cited 24 times

    We have read the entire testimony of Dr. Kool, and are satisfied that it met the required standards of definiteness. See Commonwealth v. Nole, 448 Pa. 62, 64-66, 292 A.2d 331 (1972); cf. Commonwealth v. Embry, 441 Pa. 183, 272 A.2d 178 (1971); McMahon v. Young, 442 Pa. 484, 486, 276 A.2d 534 (1971); Kridler v. Ford Motor Co., 422 F.2d 1182, 1186 (3d Cir. 1970). The use of the word "speculation", which occurred several times, was perhaps inept, but in context it clearly meant the doctor's professional opinion based on current examinations some months after the fact.

  6. Commonwealth v. Newkirk

    317 A.2d 216 (Pa. 1974)   Cited 5 times

    The Commonwealth has an unvarying burden of proving legal causation beyond a reasonable doubt. See, e.g., Commonwealth v. Hudson, 455 Pa. 117, 314 A.2d 231 (1974); Commonwealth v. Carn, 449 Pa. 228, 296 A.2d 753 (1972); Commonwealth v. Nole, 448 Pa. 62, 292 A.2d 331 (1972); Commonwealth v. Johnson, 445 Pa. 276, 284 A.2d 734 (1971). The Commonwealth's evidence clearly supports the court's finding that the gunshot wound was the legal cause of death.

  7. Commonwealth v. Hudson

    455 Pa. 117 (Pa. 1974)   Cited 27 times

    The Commonwealth has the burden of proving beyond a reasonable doubt all the elements of murder in the first degree, including, of course, legal causation. Commonwealth v. Nole, 448 Pa. 62, 64-66, 292 A.2d 331, 332-33 (1972); Commonwealth v. Johnson, 445 Pa. 276, 284 A.2d 734 (1971). Defense counsel, however, while conceding several elements of the crime established and corroborated by six eyewitnesses, chose to focus his primary attack and argument on causation.

  8. Commonwealth v. Nole

    No. 873 EDA 2018 (Pa. Super. Ct. Apr. 29, 2019)

    [Appellant] thereafter filed a notice of appeal with the Pennsylvania Supreme Court, which on July 1, 1972, affirmed the judgment of sentence. Commonwealth v. Nole, 292 A.2d 331 (Pa. 1972). Over the ensuing decades, [Appellant] unsuccessfully sought post-conviction collateral relief on many occasions.

  9. Commonwealth v. Nole

    No. J-S63030-15 (Pa. Super. Ct. May. 4, 2016)

    Our Supreme Court affirmed Appellant's judgment of sentence on July 11, 1972. Commonwealth v. Nole, 292 A.2d 331 (Pa. 1972). Thereafter, Appellant filed six PCRA petitions between 1972 and 2008, none of which garnered him any relief.

  10. Commonwealth v. Nole

    No. J-S63030-15 (Pa. Super. Ct. Nov. 24, 2015)

    Our Supreme Court affirmed Appellant's judgment of sentence on July 11, 1972. Commonwealth v. Nole, 292 A.2d 331 (Pa. 1972). Thereafter, Appellant filed six PCRA petitions between 1972 and 2008.