McCOY v. COMMONWEALTH


457 Pa. 513 (1974)

McCoy, Appellant, v. Commonwealth.

Supreme Court of Pennsylvania.

October 16, 1974.


Attorney(s) appearing for the Case

Timothy Barnard, with him Edwin F. McCoy, for appellant.

David L. Kurtz, Deputy Attorney General, with him Lawrence Silver, Deputy Attorney General, and Israel Packel, Attorney General, for Commonwealth, appellee.

David C. Eaton, with him W.E. Shissler, and Nauman, Smith, Shissler & Hall, for Wohlgemuth, Green, Speller, McGuire and Clarke, appellees.

Robert Lazorchick, with him Scott & Lazorchick, for William Z. Scott, individually, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION PER CURIAM, October 16, 1974:

Order affirmed.

DISSENTING OPINION BY MR. JUSTICE ROBERTS:

In addition to continuing to adhere to the view, fully expressed elsewhere,1 that the doctrine of sovereign immunity ought, in its entirety, to be consigned to the judicial scrapheap, I believe that there are compelling reasons for its non-application in this case. Therefore, I dissent.

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