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COM. v. LUDWIG

874 A.2d 623 (2005)

COMMONWEALTH of Pennsylvania, Appellant v. Gregory David LUDWIG, Appellee.

Supreme Court of Pennsylvania.

Decided May 19, 2005.

Attorney(s) appearing for the Case

Michael Wayne Streily, Pittsburgh, for the Com. of PA., appellant.

Mary Benefield Seiverling; Michael F.J. Piecuch, Boston, MA; Jonelle Harter Eshbach, for Office of Atty. Gen., appellant amicus curiae.

Patrick J. Thomassey, Monroeville, for Gregory David Ludwig, appellee.

BEFORE: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Chief Justice CAPPY.1

This appeal presents a constitutional challenge to a criminal statute, 18 Pa.C.S. § 2506, "Drug delivery resulting in death," for vagueness, because the statute fails to sufficiently set forth the mental state required for criminal liability. Additionally, we are called upon to determine whether the trial court erred in granting Appellee Gregory Ludwig's Petition for Writ of Habeas Corpus...

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