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COMMONWEALTH v. COOK

468 Pa. 249 (1976)

361 A.2d 274

COMMONWEALTH of Pennsylvania, Appellant, v. Queen COOK, a/k/a Queene Cook, and Wilbert James Williams. COMMONWEALTH of Pennsylvania, Appellant, v. Darryl FULTON.

Supreme Court of Pennsylvania.

Decided July 6, 1976.

Attorney(s) appearing for the Case

John J. Hickton, Dist. Atty., Robert L. Eberhardt, Louis R. Paulick, Asst. Dist. Attys., Pittsburgh, for appellant.

John J. Dean, John H. Corbett, Pittsburgh, for appellee.

Frederick R. Nene, Asst. Atty. Gen., Pittsburgh, for amicus curiae.

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

OPINION

O'BRIEN, Justice.

These appeals arise from an order of the Court of Common Pleas of Allegheny County, Criminal Division, which declared § 5502 of the Crimes Code, Act of December 6, 1972, P.L. 1482, No. 334, § 1, 18 C.P.S.A. § 5502, effective June 6, 1973, unconstitutional. The Commonwealth appealed the decision to the Superior Court and the matter was subsequently transferred to this court for decision.1

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