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COMMONWEALTH v. MARCH ET AL. (12/22/75)

decided: December 22, 1975.

COMMONWEALTH
v.
MARCH ET AL., APPELLANTS



Appeal from judgment of sentence of Court of Common Pleas of Montgomery County, April T., 1973, No. 576, in case of Commonwealth of Pennsylvania v. Daniel March and William Loughridge.

COUNSEL

Robert E. Levy, for appellants.

Stewart J. Greenleaf, Assistant District Attorney, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, submitted a brief for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Hoffman, J.

Author: Hoffman

[ 238 Pa. Super. Page 8]

Appellants challenge their convictions under § 4524 of the Penal Code*fn1 because § 4524 does not specifically define "obscenity" as mandated by Miller v. California,

[ 238 Pa. Super. Page 9413]

U.S. 15 (1973). In a companion case decided today, Commonwealth v. Krasner, 238 Pa. Superior Ct. 1, 352 A.2d 479 (1975), we reversed Krasner's conviction on the grounds alleged as error by appellants herein.

Accordingly, the judgment of sentence is reversed and appellants are discharged.

Disposition

Judgment of sentence reversed and ...


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