COM. v. SUPLEE


255 Pa.Super. 351 (1978)

387 A.2d 85

COMMONWEALTH of Pennsylvania v. Robert SUPLEE and James R. Hanlon. Appeal of Robert SUPLEE.

Superior Court of Pennsylvania.

Decided April 13, 1978.


Attorney(s) appearing for the Case

Patrick W. Kittredge, Philadelphia, for appellant.

D. Michael Emuryan, Assistant District Attorney, Media, with him Ralph B. D'Iorio, Assistant District Attorney, Media, for Com., appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


SPAETH, Judge:

Appellant was convicted of violating § 3234 of the Pennsylvania Election Code.1 On this appeal he contends that the lower court should have granted his motion in arrest of judgment because the statute under which he was convicted does not apply to his conduct, namely, placing an advertisement in reply to an opponent's advertisement without first giving notice to the opponent. We agree and therefore reverse.

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