No. 150 March Term, 1979, Appeal from the judgment of sentence entered by the Court of Common Pleas of Adams County, Pennsylvania, to No. CC-397-78.
Kenneth L. Rotz, Assistant Public Defender, Gettysburg, for appellant.
Robert Teeter, Assistant District Attorney, Gettysburg, for Commonwealth, appellee.
Cercone, President Judge, and Watkins and Montgomery, JJ. Cercone, President Judge, concurs in the result.
[ 287 Pa. Super. Page 222]
This is an appeal from the Court of Common Pleas of Adams County and involves defendant's appeal from a judgment of sentence entered against him after he was convicted by a jury of making terroristic threats in violation of 18 Pa.C.S.A. 2706. The defendant claims, inter alia, that the statute setting forth the offense is unconstitutionally vague and infringes upon his right to free speech.
Viewed in the light most favorable to the verdict winner, the facts of the case establish that: On June 25, 1978, the defendant went to the home of Francis Hartlaub, the defendant's mother resides in the Hartlaub household. After his mother asked him to leave, the defendant said, "I came here to get one thing accomplished and I ain't gonna leave until I get it accomplished". He also stated, "I'm gonna go in and get the mother fucker", and "I'm gonna kill him before the night is over".
After entering the house the defendant got hit with a club after threatening to kill Hartlaub. Upon leaving he stated, "I'll be back. I'm going to get you, you, mother fucker. I'm going to blow your brains out".
The statute of which the defendant was convicted of violating provides as follows:
"2706. Terroristic threats
A person is guilty of a misdemeanor of the first degree if he threatens to commit any crime of violence with intent to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience.
1972, Dec. 6, P.L. /--, No. 334, 1, eff. June 6, 1973."
The defendant claims that the statute is unconstitutionally vague citing Commonwealth v. Howell, 1 D & C 3rd 644 (1976) in support of his contention. That case held that the statute is so vague and indefinite so as to render it ...