COMMONWEALTH v. HEINBAUGH


467 Pa. 1 (1976)

354 A.2d 244

COMMONWEALTH of Pennsylvania, Appellant, v. Paul E. HEINBAUGH.

Supreme Court of Pennsylvania.

Decided March 22, 1976.


Attorney(s) appearing for the Case

John J. Hickton, Dist. Atty., Robert L. Eberhardt, Charles W. Johns, Asst. Dist. Attys., Pittsburgh, for appellant.

John J. Dean, Pittsburgh, for appellee.

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


OPINION OF THE COURT

POMEROY, Justice.

We are required on this appeal to determine whether or not the Pennsylvania open lewdness statute is unconstitutionally vague. This statute, now a part of the Crimes Code of 1972,1 provides:

"A person commits a misdemeanor of the third degree if he does any lewd act which he knows is likely to be observed by others who would be affronted or...

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