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COMMONWEALTH v. MASON (09/15/72)

decided: September 15, 1972.

COMMONWEALTH
v.
MASON, APPELLANT



Appeals from judgments of sentences of Court of Common Pleas of Mifflin County, Nos. 21 and 22 of 1970, in case of Commonwealth of Pennsylvania v. Benjamin J. Mason.

COUNSEL

Richard M. Mohler, Public Defender, for appellant.

Horace J. Culbertson, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Opinion by Packel, J. Watkins, J., would certify the case to the Supreme Court. Concurring and Dissenting Opinion by Spaulding, J. Hoffman, J., joins in this concurring and dissenting opinion.

Author: PACKEL

[ 222 Pa. Super. Page 454]

The appellant was found guilty of maliciously libeling two judges, a district attorney, an editor and chairman of a water authority, and a businessman and chairman of a sewer authority. Some samples of appellant's statements are:

[ 222 Pa. Super. Page 455]

"Ruble left the country, really, He's spending Mifflin County money in Europe."

"Brower is a perfect out-law.

"James H. Brower, president of the Lehman/Siegel ghost corporation, is a crook's crook.

"Jim Brower Is a Super Crook.

"Maybe we should make Judge Lehman serve the sentences of those who he lets off illegally, Judge Lehman, Like that outlaw Lee Ziegler, took an oath to enforce the law, any more jokes????"

"The whores love Judge Lehman because he guarantees them a meal ticket, either by way of a relief check or nice support payments.

"Judge Lehman and Lee R. Ziegler will never give us our rights; we must take our rights from them."

"Lehman lets Dick Ruble get away with horriable [sic] crimes. Lehman doesn't know what an honest days' work is; that is why he lets the filthy reliefers off so easy."

"Judge Lehman and Ziegler have treacherously ignored the law, committed terriable [sic] crimes and sinned in the most unforgivable ways."

"Dick Ruble is a traitor."

"We know the pipsqueak Brower was a draft-dodger."

"Lehman is our sad, bad, glad, and mad Judge's name; he refuses to display Old Glory in the Kangaroo Court Room."

[ 222 Pa. Super. Page 456]

"Our District Attorney Horace J. Culbertson, Paul S. Lehman, and Richard S. Ruble are all traitors; all three of these named men ...


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