467 Pa. 42 - Commonwealth v. Evan

How this case has been cited

Cited by 4 later decisions — most recently March 2015

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 ORDER

PER CURIAM.

¶2 John Krasner was convicted and sentenced to 23^ months probation for violation of 18 P.S. § 4524(a) of *43 the Pennsylvania Obscenity Statute, Act of June 24, 1939, P.L. 872, § 524 as amended July 31, 1968, P.L. 892, No. 269, § 1 [now 18 Pa.C.S. § 5903(a) and (b)]. * An appeal was taken to the Superior Court which affirmed the judgment of sentence per curiam. We now grant allocatur to consider the validity of the attack upon the constitutionality of the statute.

¶3 Our recent decision in Commonwealth v. MacDonald, 464 Pa. 435, 347 A.2d 290 (1975) is equally applicable here. We now hold that section 18 P.S. § 4524(a) is unconstitutional. Accordingly, the judgment of sentence is reversed and appellant is discharged.

JONES, C. J., dissents.

¶4 The sentence was conditioned upon payment of cost of prosecution and $2,000.00 fine and further, that during such period Krasner refrain from the sale or distribution of any literature within the geographical confines of the 44th Judicial District.