decided: April 7, 1976.
COMMONWEALTH OF PENNSYLVANIA
STEPHEN EVAN AND JOHN KRASNER. PETITION OF JOHN KRASNER
Robert E. Levy, for petitioner.
James E. Davis, Dist. Atty., Tunkhannock, for respondents.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, C. J., dissents.
Author: Per Curiam
[ 467 Pa. Page 42]
John Krasner was convicted and sentenced to 23 1/2 months probation for violation of 18 P.S. § 4524(a) of
[ 467 Pa. Page 43]
the Pennsylvania Obscenity Statute, Act of June 24, 1939, P.L. 872, § 524 as amended July 31, 1968, P.L. 892, No. 269, § 1 [now 18 Pa.C.S. § 5903(a) and (b)].*fn* An appeal was taken to the Superior Court which affirmed the judgment of sentence per curiam. We now grant allocatur to consider the validity of the attack upon the constitutionality of the statute.
Our recent decision in Commonwealth v. MacDonald, 464 Pa. 435, 347 A.2d 290 (1975) is equally applicable here. We now hold that section 18 P.S. § 4524(a) is unconstitutional. Accordingly, the judgment of sentence is reversed and appellant is discharged.