Commonwealth v. Mochan

110 A.2d 788 (1955)

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Commonwealth v. Mochan

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

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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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