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COMMONWEALTH v. PAGE. COMMONWEALTH V. KING (03/29/73)

decided: March 29, 1973.

COMMONWEALTH, APPELLANT,
v.
PAGE. COMMONWEALTH V. KING, APPELLANT



Appeals from order of Court of Common Pleas of Centre County, No. 353 of 1968, and judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, March T., 1968, No. 37, in cases of Commonwealth of Pennsylvania v. Barry Graham Page; Commonwealth of Pennsylvania v. Benjamin A. King, M.D.

COUNSEL

Charles C. Brown, Jr., District Attorney, with him Richard Campbell, Assistant District Attorney, for Commonwealth, appellant (Appeal No. 95).

Francis A. Searer, for appellee.

Joseph G. Skelly, with him William B. Ball, and Ball & Skelly, for amicus curiae, guardians ad litem.

John J. Dean, Assistant Public Defender, for appellant.

Carol Mary Los, Assistant District Attorney, with her Robert W. Duggan, District Attorney, for Commonwealth, appellee (Appeal No. 163).

Marjorie Hanson Matson and Stanton D. Levenson, for amicus curiae, American Civil Liberties Foundation of Pennsylvania.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Chief Justice Jones. Mr. Justice Manderino concurs in the result. Concurring Opinion by Mr. Justice Eagen. Mr. Chief Justice Jones and Mr. Justice O'Brien, join in this concurring opinion. Dissenting Opinion by Mr. Justice Roberts. Dissenting Opinion by Mr. Justice Nix.

Author: Jones

[ 451 Pa. Page 333]

We have consolidated these two appeals because both involve the constitutionality of our criminal statutes proscribing abortions.*fn1

[ 451 Pa. Page ]

On October 21, 1968, Barry Page, a motorcycle mechanic with medical training as a Merchant Marine corpsman, pled guilty to the performance of two abortions.*fn2 Page's guilty plea resulted in his conviction and

[ 451 Pa. Page 334]

    a sentence of two-to-five years' imprisonment. There was no direct appeal, but Page did seek, and obtain, relief under Post Conviction Hearing Act provisions, Act of January 25, 1966, P. L. (1965) 1580, 19 P.S. § 1180-1 et seq.*fn3 The Court of Common Pleas of Centre County ruled that the anti-abortion statute, Section 718 of the act, was unconstitutional. Pursuant to Section 202(9) of the Appellate Court Jurisdiction Act, Act of July 31, 1970, P. L. 673, § 202(9), 17 P.S. § ...


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