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COM. v. STERN

549 Pa. 505 (1997)

701 A.2d 568

COMMONWEALTH of Pennsylvania, Appellant, v. David J. STERN, Thomas H. Purl, III, and Richard Bagenstos, Appellees.

Supreme Court of Pennsylvania.

Decided October 30, 1997.

Attorney(s) appearing for the Case

Jerome T. Foerster, Harrisburg, for the Commonwealth.

Joel Harvey Slomsky, Philadelphia, for D.J. Stern.

Samuel C. Stretton, for T.H. Purl, III.

Stephen B. Jarrett, Philadelphia, for R. Bagenstos.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION

ZAPPALA, Justice.

This is a direct appeal by the Commonwealth of Pennsylvania from the order of the Philadelphia County Court of Common Pleas, which upheld a determination by the Philadelphia County Municipal Court that Section 4117(b)(1) of the Crimes Code, 18 Pa.C.S. § 4117(b)(1), is unconstitutional.1 We affirm.

David J. Stern, Thomas H. Purl, III and Richard Bagenstos (Appellees) were charged with...

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