Commonwealth v. March

238 Pa. Super. 8 | Pa. Super. Ct. | 1975

Opinion by

Hoffman, J.,

Appellants challenge their convictions under §4524 of the Penal Code¹ because §4524 does not specifically define “obscenity” as mandated by Miller v. California, 413 U.S. 15 (1973). In a companion case decided today, Commonwealth v. Krasner, 238 Pa. Superior Ct. 1, 352 A.2d 479 (1975), we reversed Krasner’s conviction on the grounds alleged as error by appellants herein.

Accordingly, the judgment of sentence is reversed and appellants are discharged.

1 . 1939, June 24, P.L. 872, §524; 1957, July 17, P.L. 972, §1; 1959, Oct. 20, P.L. 1329, §1; 1968, July 31, P.L. 892, No. 269, §1; 18 P.S. §4524; superseded by Act of December 6, 1972, P.L. 1482, §1; 18 Pa.C.S. §5903.