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COMMONWEALTH v. ZEGER (12/13/62)

December 13, 1962

COMMONWEALTH
v.
ZEGER, APPELLANT.



Appeal, No. 219, Oct. T., 1962, from judgment of .court of Quarter Sessions of Franklin County, Sept. T., 1959, No. 137, in case of Commonwealth of Pennsylvania v. Lawrence C. Zeger. Judgment reversed.

COUNSEL

Morton Witkin, with him Robert P. Shoemaker, and Witkin and Egan, for appellant.

Jay L. Benedict, District Attorney, for Commonwealth, appellee.

Before Rhodes, P. J., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Watkins

[ 200 Pa. Super. Page 94]

OPINION BY WATKINS, J.

This appeal is from the judgment of sentence in the Court of Quarter Sessions of Franklin County on three counts of an indictment which contained in five counts,

[ 200 Pa. Super. Page 95]

    five separate violations under the Act of April 6, 1939, P.L. 16, § 1, 25 PS § 2374, commonly referred to as the Anti-Macing Act.

This is the second time this case has been before this Court on appeal. The first is reported in 193 Pa. Superior Ct. 498, 165 A.2d 683 (1961). The facts have not changed since that time and are as follows:

The Act in question reads as follows: "It shall be unlawful for any political committee or any member, employe or agent thereof, or for any public officer or employe, or any other person whatsoever, directly or indirectly, to demand from any public officer, subordinate or employe holding any office or position of honor, trust or profit under this Commonwealth, or otherwise engaged or employed in the service of the Commonwealth, or employed by, or in any way engaged in the service of, any political subdivision, or from any person receiving any public assistance whatsoever from the Commonwealth or the United States, directly or through employment on public works, or any person, association or corporation desiring or having a contract with, or a certificate, license or permit from, the Commonwealth or any political subdivision, any assessment or percentage of any money or profit, or their equivalent in any thing of value, with the understanding, express or implied, that the same may be used or shall be used for political purposes: Provided, however, that nothing in this act contained shall be construed to prohibit voluntary contributions to any political committee or organization for legitimate political and campaign purposes to the extent such contributions are not prohibited by law."

Five individuals, all employes of the Samuel G. Dixon State Hospital, a state institution for the treatment of tuberculosis, located at Mt. Alto, Pa., in various minor positions, testified to the receipt of a letter from C. D. Minehart, Democratic County Chairman of Franklin County, which read as follows:

[ 200 Pa. Super. Page ...


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