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COM. v. STOCK

346 Pa.Super. 60 (1985)

499 A.2d 308

COMMONWEALTH of Pennsylvania v. Gary Thomas STOCK, Appellant.

Supreme Court of Pennsylvania.

Filed August 16, 1985.

Reargument Denied October 16, 1985.

Attorney(s) appearing for the Case

Carl M. Janavitz, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Before WIEAND, CIRILLO and JOHNSON, JJ.

CIRILLO, Judge:

An Allegheny County jury found Gary Stock guilty of selling two obscene magazines in violation of 18 Pa.C.S. § 5903(a)(2), and the court sentenced Stock to 11 1/2 to 23 months in prison, suspending the prison sentence on the condition that Stock pay $10,000 for the use of the county. Stock appeals, asserting that the court abused its discretion by imposing a manifestly excessive sentence, and that the obscenity statute is unconstitutional. For...

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