No. 2339 October Term, 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas of Lehigh County, Criminal Action, Nos. 868, 957 and 958 of 1977.
Joseph C. Bernstein, Allentown, for appellant.
Henry S. Perkin, Assistant District Attorney, Allentown, for Commonwealth, appellee.
Price, Spaeth and Lipez, JJ.
[ 270 Pa. Super. Page 292]
Appellant was convicted, after a jury trial, of simple assault,*fn1 two counts of criminal conspiracy*fn2 and three counts of official oppression.*fn3 They arose out of three unrelated disciplinary proceedings, held in the prison of which appellant was then Deputy Warden, in the course of which three inmates had been assaulted by appellant and certain prison guards.
Appellant argues that section 5301 of the Pennsylvania Crimes Code is unconstitutionally vague. The section reads as follows:
§ 5301 Official oppression
A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:
(1) subjects another to arrest, detention search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or
(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.
18 Pa.C.S. § 5301. The three Informations lodged against appellant alleged that he had subjected the inmates to "mistreatment." ...