Commonwealth v. Manlin

LIPEZ, Judge:

Appellant was convicted, after a jury trial, of simple assault, 1 two counts of criminal conspiracy 2 and three counts of official oppression. 3 They arose out of three unrelated disciplinary proceedings, held in the prison of which appellant was then Deputy Warden, in the course of which three inmates had been assaulted by appellant and certain prison guards.

Appellant argues that section 5301 of the Pennsylvania Crimes Code is unconstitutionally vague. The section reads as follows:

§ 5301 Official oppression

A person acting or purporting to act in an official capacity or taking…