COMMONWEALTH v. HARTLEY


223 Pa.Super. 541 (1973)

Commonwealth v. Hartley, Appellant.

Superior Court of Pennsylvania.

March 27, 1973.


Attorney(s) appearing for the Case

Charles A. Harad, with him Howard M. Girsh, for appellant.

Wardell F. Steigerwalt, Assistant District Attorney, with him George J. Joseph, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.


OPINION BY HOFFMAN, J., March 27, 1973:

The issue before this Court on appeal is whether a sentence can be imposed on a defendant who was convicted of violating a statutory crime when that statute has been adjudged unconstitutional by our Supreme Court prior to the imposition of sentence.

On January 15, 1971, appellant was convicted of criminal libel. Sentence was deferred pending a presentence investigation. On April 10, 1972, the trial court imposed a sentence...

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