COMMONWEALTH v. DONADUCY


176 Pa.Super. 27 (1954)

Commonwealth v. Donaducy, Appellant.

Superior Court of Pennsylvania.

July 13, 1954.


Attorney(s) appearing for the Case

Edward G. Petrillo, with him Robert H. Chase, for appellant.

Damian McLaughlin, District Attorney, for appellee.

Willard Hetzel, Matthew W. Bullock, Jr., Julian E. Goldberg and Herbert Monte Levy filed a brief for American Civil Liberties Union, amicus curiae.

Before HIRT, ROSS, GUNTHER, WRIGHT, WOODSIDE and ERVIN, JJ. (RHODES, P.J., absent).


OPINION BY ROSS, J., July 13, 1954:

This is a prosecution for criminal libel under the Act of June 24, 1939, P.L. 872, par. 412, 18 PS sec. 4412. Before trial, the defendant filed a motion to quash the indictment, which motion was refused. The jury returned a verdict of guilty, the defendant's motion in arrest of judgment was refused, and after sentence was imposed he took this appeal.

The defendant contends that the court below erred in refusing to sustain...

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