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Commonwealth v. Mochan

Superior Court of Pennsylvania
110 A.2d 788 (1955)


 

Facts

Michael Mochan (defendant) was charged with making numerous telephone calls to the home of Louise Zivkovich at all times of day and night where he referred to her in a “lewd, immoral and lascivious” manner and used other profane language to incite her to commit adultery to the “great damage, injury and oppression” of Zivkovich. Mochan was tried before a judge without a jury and convicted of a misdemeanor. Mochan appealed, arguing that the offense he was charged with did not constitute a misdemeanor at common law.

Rule of Law

Issue

Holding and Reasoning (Hirt, J.)

Dissent (Woodside, J.)

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Questions & Answers


Why is the issue here not "whether a law not enacted can be criminal when violated"?

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