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COMMONWEALTH v. CARNEY (06/21/74)

decided: June 21, 1974.

COMMONWEALTH
v.
CARNEY, APPELLANT. COMMONWEALTH V. YOUNG, APPELLANT. COMMONWEALTH V. URENOVICH, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Dauphin County, No. 138 of 1971, in case of Commonwealth of Pennsylvania v. Donald D. Carney. Appeal from judgment of Court of Common Pleas of Chester County, Sept. T., 1970, No. 77, in case of Commonwealth of Pennsylvania v. Norman Young. Appeal from judgment of Court of Common Pleas of Luzerne County, No. 1175 of 1971, in case of Commonwealth of Pennsylvania v. John Urenovich.

COUNSEL

In appeal No. 42, Arthur L. Berger, for appellant.

R. Lewis, with him Marion E. MacIntyre, Deputy District Attorney, for Commonwealth, appellee.

In appeal No. 652, John R. Merrick, Public Defender, for appellant.

F. Ned Hand, Assistant District Attorney, with him William H. Lamb, District Attorney, for Commonwealth, appellee.

In appeal No. 1439, Bruce S. Miller, Assistant Public Defender, for appellant.

Patrick J. Toole, Jr., District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Spaeth, JJ. Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Spaeth, JJ. Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Spaeth, JJ.

Author: Per Curiam

[ 229 Pa. Super. Page 471]

Each of the appellants in this matter was convicted of flag desecration. Each contends that his conviction should be reversed because the Pennsylvania Flag Desecration Act*fn1 is unconstitutionally void for vagueness.

The three appellants herein were charged in separate indictments and convicted of desecrating the flag under the portion of the desecration act which specifically

[ 229 Pa. Super. Page 472]

    proscribes the casting of contempt upon the banner ...


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