Commonwealth v. Baxter

OPINION BY

ORIE MELVIN, J.:

¶ 1 This is a Commonwealth appeal from the order entered on March 8, 2006 in the Court of Common Pleas of Erie County that granted a new trial to Appellee, Charles Warner Baxter, on grounds that the prosecution of Appellee under 18 Pa. C.S.A. § 6111(g)(4) violated Appellee’s due process rights as well as the separation of powers doctrine. After review, for the reasons that follow, we find there is no constitutional infirmity to the Commonwealth’s prosecution of a prospective purchaser of a firearm for providing materially false statements in connection with that…