Summary
In Commonwealth v. Acquaviva, et al., 187 Pa. Superior Ct. 550, 145 A.2d 407, 410 (1958), the Superior Court adopted the lower court opinion of Judge LAUB in which he stated: "It is sufficient if the language used is capable of an interpretation which reveals such essentials.
Summary of this case from Pgh. Press Employ. Ad. Dis. AppealOpinion
September 11, 1958.
October 10, 1958.
Constitutional law — Due process — Vagueness and uncertainty of statute — Fourteenth Amendment to United States Constitution — First Amendment — Freedom of speech — Article I, § 7 of Pennsylvania Constitution — Freedom of press — Anonymous publications designed to injure political candidate — § 415 of The Penal Code.
1. Section 415 of The Penal Code of 1939, P.L. 872, is not so vague and uncertain as to violate the due process clause of the Fourteenth Amendment to the United States Constitution.
2. Section 415 of The Penal Code of 1939 does not violate the right of free speech guaranteed by the First Amendment to the United States Constitution or Article I, § 7, of the Pennsylvania Constitution, which guarantees freedom of the press.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeals, Nos. 183 to 191, inclusive, April T., 1958, from judgments of Court of Quarter Sessions of Lawrence County, Sept. T., 1957, Nos. 129 to 132, inclusive, in case of Commonwealth of Pennsylvania v. Frank Acquaviva et al. Judgments affirmed.
Same case in court below: 14 Pa. D. C. 2d 285.
Indictments charging defendants with conspiracy and violation of § 415 of The Penal Code. Before LAUB, J., specially presiding.
Verdicts of guilty and judgments of sentence entered thereon. Defendants appealed.
John D. Ray, for appellants.
Frank P. Lawley, Jr., Deputy Attorney General, with him John D. Killian, III, Deputy Attorney General, and Thomas D. McBride, Attorney General, for appellee.
Argued September 11, 1958.
The judgments of sentence of the court below are affirmed on the opinion of Judge LAUB, specially presiding in the Court of Quarter Sessions of Lawrence County, as reported in 14 Pa. D. C.2d 285
It is ordered that defendants appear in the court below at such time as they may be there called, and that they be by that court committed until they have complied with their sentences or any part thereof which had not been performed at the time the appeals were made a supersedeas.