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238 Pa. Super. 8

Commonwealth v. March

Superior Court of Pennsylvania

Decided December 22, 1975

Superior Court of Pennsylvania · decided 1975-12-22

Relies on Miller v. California · 238 Pa. Super. 1 - Commonwealth v. Krasner

Decided 1975-12-22

¶1Opinion by

Hoffman, J.,

¶2Appellants challenge their convictions under §4524 of the Penal Code1 because §4524 does not specifically define “obscenity” as mandated by Miller v. California, *9413 U.S. 15 (1973). In a companion case decided today, Commonwealth v. Krasner, 238 Pa. Superior Ct. 1, 352 A.2d 479 (1975), we reversed Krasner’s conviction on the grounds alleged as error by appellants herein.

¶3Accordingly, the judgment of sentence is reversed and appellants are discharged.

¶4. 1939, June 24, P.L. 872, §524; 1957, July 17, P.L. 972, §1; 1959, Oct. 20, P.L. 1329, §1; 1968, July 31, P.L. 892, No. 269, §1; 18 P.S. §4524; superseded by Act of December 6, 1972, P.L. 1482, §1; 18 Pa.C.S. §5903.

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