Criminal Law — Penal Code — Commonwealth v. Krasner, 238 Pa. Super. 1 (1975) held controlling.
Argued June 12, 1975.
OPINION BY HOFFMAN, J., December 22, 1975:
Appellants challenge their convictions under § 4524 of the Penal Code because § 4524 does not specifically define "obscenity" as mandated by Miller v. California, 413 U.S. 15 (1973). In a companion case decided today, Commonwealth v. Krasner, 238 Pa. Super. 1, 352 A.2d 479 (1975), we reversed Krasner's conviction on the grounds alleged as error by appellants herein.
1939, June 24, P.L. 872, § 524; 1957, July 17, P.L. 972, § 1; 1959, Oct. 20, P.L. 1329, § 1; 1968, July 31, P.L. 892, No. 269, § 1; 18 Pa.C.S.A. § 4524; superseded by Act of December 6, 1972, P.L. 1482, § 1; 18 Pa.C.S.A. § 5903.
Accordingly, the judgment of sentence is reversed and appellants are discharged.