Commonwealth v. Morgan

Dissenting Opinion by

Hoffman, J.:

This is an appeal from appellant’s conviction for violating the Flag Desecration Act.1 The Act prohibits mutilating, defacing, defiling, trampling upon, or casting contempt upon the American Flag or any representation thereof.2

Appellant was arrested on May 29, 1970, for wearing a six by eight inch replica of the American Flag sewn on the seat of his pants. The appellant was tried before a jury on September 23, 1970. During the course of the trial, the judge instructed the jury as follows: “In a crime such as the one charged in this case there must exist both…