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COM. ex rel. FINKEN v. ROOP

234 Pa.Super. 155 (1975)

Commonwealth ex rel. Finken, Appellant, v. Roop.

Superior Court of Pennsylvania.

April 22, 1975.

Attorney(s) appearing for the Case

Margaret H. Poswistilo, Assistant Public Defender, for relator, appellant.

Renald S. Baratta, Assistant Solicitor, with him Andrew L. Herster, Jr., Solicitor, and Malos, Baurkot & Baratta, and Alan B. McFall, Assistant District Attorney, and Charles H. Spaziani, District Attorney, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY HOFFMAN, J., April 22, 1975:

Appellant challenges the constitutionality of § 406 of the Pennsylvania Mental Health and Mental Retardation Act of 19661 under which he had been committed from November 5, 1973, until May, 1974.2

On January 19, 1970, appellant pleaded guilty to charges of sodomy and corrupting the morals of a minor. Pursuant to § 4410 of the Mental Health Act,

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