Citation Codes Equivalent Citations citation codes Attorney(S) Robert E. Levy, for petitioner. James E. Davis, Dist. Atty., Tunkhannock, for respondents. See more information ... Smart Summary Please sign up to generate summary. COMMONWEALTH of Pennsylvania v. Stephen EVAN and John Krasner. Petition of John KRASNER ORDER PER CURIAM. John Krasner was convicted and sentenced to 23 1/2 months probation for violation of 18 Pa.C.S.A. § 4524(a) of the Pennsylvania Obscenity Statute, Act of June 24, 1939, P.L. 872, § 524 as amended July 31, 1968, P.L. 892, No. 269, § 1 [now 18 Pa.C.S.A. § 5903(a) and (b)]. An appeal was taken to the Superior Court which affirmed the judgment of sentence per curiam. We now grant allocatur to consider the validity of the attack upon the constitutionality of the statute. The sentence was conditioned upon payment of cost of prosecution and $2,000.00 fine and further, that during such period Krasner refrain from the sale or distribution of any literature within the geographical confines of the 44th Judicial District. Our recent decision in Commonwealth v. MacDonald, 464 Pa. 435, 347 A.2d 290 (1975) is equally applicable here. We now hold that section 18 Pa.C.S.A. § 4524(a) is unconstitutional. Accordingly, the judgment of sentence is reversed and appellant is discharged. JONES, C. J., dissents.