Appellant was convicted, after a jury trial, of simple assault, 1 two counts of criminal conspiracy 2 and three counts of official oppression. 3 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.” Appellant claims that, since “mistreat *293 ment” is not defined by the Crimes Code, he was not accorded fair notice that his conduct was forbidden.
“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. Mazurie,
Appellant next asserts that the evidence was insufficient to support the criminal conspiracy convictions. Conspiracy need not be proven by evidence of explicit or formal agreement to commit an unlawful act. More than mere association must be shown, but evidence of appellant’s actions and the circumstances in which they were taken is sufficient if it allows a reasonable inference that a corrupt agreement existed.
Interest of Gonzalez,
Appellant’s contention that the evidence was insufficient to .sustain the conviction of simple assault is without merit. The evidence shows that appellant struck the inmate concerned in the face with his fist. The inmate testified that he felt pain as a result. The evidence thus shows at least an attempt to cause bodily injury, which is sufficient to make out the offense of simple assault. 18 Pa.C.S. § 2701(a)(1).
Judgment of sentence affirmed.
