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COMMONWEALTH PENNSYLVANIA v. DR. SAMUEL RUBINSTEIN (05/16/80)

SUPERIOR COURT OF PENNSYLVANIA


filed: May 16, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
DR. SAMUEL RUBINSTEIN, APPELLANT

No. 2054 October Term 1979, Interlocutory Appeal from the Order of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, 79-01-10-76.

COUNSEL

Kevin P. Kelly, Philadelphia, for appellant.

James B. Jordan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Hester, Wickersham and Lipez, JJ.

Author: Per Curiam

[ 278 Pa. Super. Page 21]

This is an interlocutory appeal*fn1 challenging the constitutionality of 18 Pa.C.S. ยง 4911 (tampering with public records) on the ground of vagueness. It does not involve any First Amendment freedoms. The Defendant has not been tried.

"It is well established that vagueness challenges to statutes which do not involve First Amendment freedoms must be examined in the light of the facts of the case at hand." United States v. Mazuire, 419 U.S. 544, 550, 95 S.Ct. 710, 714, 42 L.Ed.2d 706, 713 (1975). Commonwealth v. Manlin, 270 Pa. Super. 290, 411 A.2d 532 (1979).

This appeal, having been improvidently granted, is hereby quashed and the stay of proceedings set aside.


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