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COMMONWEALTH v. BUTLER

458 Pa. 289 (1974)

Commonwealth v. Butler, Appellant.

Supreme Court of Pennsylvania.

October 16, 1974.

Attorney(s) appearing for the Case

Richard D. James, Ronald J. Mishkin and Soren P. West, Public Defenders, for appellant.

Benjamin Lerner, Deputy Attorney General, with him C. Daniel Higgins, Assistant District Attorney, and James F. Marsh, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE ROBERTS, October 16, 1974:

This case presents a significant question of the facial constitutionality of the legislative response to our decision in Commonwealth v. Daniel, 430 Pa. 642, 243 A.2d 400 (1968). We agree with appellant that the Commonwealth's sentencing statutes — the Act of 1911 and the so-called new Muncy Act — by their joint operation are constitutionally impermissible. We disagree...

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