Commonwealth v. Evans

Opinion by

Reno, J.,

The Commonwealth has appealed from an order quashing an indictment charging that defendant anonymously published a circular reflecting upon the personal character and the political actions of a candidate for public office. The indictment was based upon the Election Code of June 3, 1937, P. L. 1333, §1846, 25 PS §3546, and defendant’s motion to quash alleged that the section was unconstitutional. But the lower court, thinking that the practically identical section of The Penal Code of June 24, 1939, P. L. 872, §415, 18 PS §4415, was attacked by the motion to quash, declared…